San Francisco transit workers fired for not taking Covid vax awarded $1.3 MILLION each

BART could only offer a “no comment” to KRON 4 about the $7.8 million decision by federal jurors this week. The municipal transit agency decided in October 2021 that all employees had to receive the Covid vaccine to continue working. BART fired anyone who asked for exemptions due to “sincerely held religious beliefs, the plaintiffs’ attorneys alleged in the lawsuit filed by the Pacific Justice Institute.

“Exclusion of religious people from the enjoyment of a right stands in violation of the First Amendment’s religion clauses and federal and state anti-discrimination in employment laws. 109 employees’ requests for religious exemption were denied,” the lawsuit said.

BART officials could not show how retaining the staff members created any undue hardship while the six employees were able to demonstrate a contradiction between the policy and their religious faith, the jury ruled.

“The rail employees chose to lose their livelihood rather than deny their faith,” said lead trial attorney Kevin Snyder. “That in itself shows the sincerity and depth of their convictions. After nearly three years of struggle, these essential workers feel they were heard and understood by the jury and are overjoyed and relieved by the verdict.” The plaintiffs received $7.8 million based on lost wages plus a $1 million award to each one fired.

While they haven’t mandated the vaccine again, several Bay Area counties are forcing masks on residents as of Nov. 1, continuing through March 31 or Apr. 30, 2025, because they believe it reduces the spread of Covid, the flu, and other respiratory illnesses. The mandates will be effective for hospitals, nursing facilities, and other healthcare settings.