Children's Health Defense By
New York State Supreme Court Judge Ralph J. Porzio today denied the City’s motion to dismiss a lawsuit brought by New York Department of Education (DOE) workers who were denied religious accommodation from the COVID-19 vaccine mandate.
Sujata Gibson, the plaintiffs’ attorney, told The Defender the decision was “huge” for the plaintiffs:
“Judge Porzio made the right decision, followed the law, and protected thousands of people who deserve their day in court and deserve relief from the outrageous religious discrimination that they faced.”
On May 18, Gibson argued against the motion by the city to dismiss DiCapua v. City of New York in Judge Porzio’s Staten Island courtroom.
The lawsuit was filed in February by Teachers For Choice and other fired NYC DOE employees and was sponsored in part by Children’s Health Defense (CHD) and CHD-New York.
The lawsuit alleges that defendants New York City and the New York City DOE, “harassed, denigrated, and discriminated against” workers seeking religious exemption when implementing the COVID-19 vaccine mandate.
In doing so, the defendants engaged in a continuing pattern of discriminatory conduct against the DOE workers in violation of the New York State Constitution, the New York State Human Rights Law, the New York City Human Rights Law and Article 78 of the Civil Practice Law and Rules.
The plaintiffs seek to have their jobs reinstated, back pay and benefits, seniority and pension credits restored…
