Six San Francisco public transit workers were fired and each received more than $1 million for refusing to get the COVID-19 vaccine. Bay Area Rapid Transit (BART) employees have filed a discrimination lawsuit alleging that their firings were unfair because of their “sincerely held religious beliefs.”
This week, a federal jury awarded the organization approximately $1.3 million per person, or $7.8 million in total. A BART official, which connects the San Francisco Peninsula to communities in the East Bay and South Bay, told KRON 4 the agency has “no comment” on the ruling.
In October 2021, BART implemented a new COVID-19 vaccination policy requiring all employees to be fully vaccinated. Plaintiffs’ attorneys with the Pacific Justice Institute said those who asked for exemptions because of their “sincerely held religious beliefs” were fired.
“Excluding religious persons from the enjoyment of rights violates the religion clause of the First Amendment and the anti-discrimination provisions of federal and state employment laws,” the complaint said. Requests for religious exemptions for 109 employees were denied. ”
The jury ruled that the BART employees did not demonstrate undue hardship and that the six employees did demonstrate genuine conflict between their faith and the vaccine.
“The railroad employees chose to lose their livelihoods rather than deny their faith,” said lead attorney Kevin Snyder. “That in itself shows the sincerity and depth of their beliefs. After nearly three years of fighting, these essential workers feel heard and understood by the jury and are pleased with the verdict. I am overjoyed and relieved.”
The $7.8 million payment was based on lost wages, plus an additional $1 million for each terminated employee.
