A federal judge in Utica on Tuesday sided with a group of health care workers who have filed a legal challenge to the state's COVID-19 vaccination mandate who are seeking a religious exemption to the requirement.
The ruling issued by Judge David Hurd bars the Department of Health from enforcing the mandate on workers granted the exemption by their employers, and blocks New York state health officials from retaliating against health care workers who refuse to receive a COVID-19 vaccination on religious grounds.
The judge’s ruling essentially saves the jobs of thousands of health care workers, for now.
“I’m very glad," said Unity Hospital nurse Krista Michael. "What it means to me right now is I can finally exhale. I feel like I’ve been holding my breath for the last month. So it’s good to be able to breathe again and a sigh of relief. Again, I love what I do and I’m really not ready to stop doing what I love to do. I still have a number of years left in me to continue giving of myself and my life to our community and the patients who need my care.”
“What this order does is simply say is that employers have to consider religious accommodations and go through the normal process of whether that request for accommodation is legitimate, and also whether it would create an undue burden for the organization," said Nixon Peabody attorney Kimberly Harding, who represents employers.
Harding says to qualify for a religious exemption, an employee must demonstrate that he or she has a sincerely held religious belief that interferes with their ability to comply with an employee rule. It has to be more than just a personal preference or a political objection, it has to be grounded in a religious faith.
Harding says the ball is now in the hands of the state, which is expected to file an appeal. Attorneys following this case believe it’s quite possible this will eventually be heard in Supreme Court.