The Warshawsky Law Firm represents a former employee of 1199 SEIU National Benefit Fund who was fired after her request for a religious exemption to the union’s COVID-19 vaccination policy was denied.  Like so many others, our client was forced to choose between her faith and her livelihood when the union instituted a vaccine mandate in late 2021.  Although the policy allowed for religious exemptions, our client’s request (based on her objections to the vaccines being developed using fetal cell lines obtained from abortions, her belief that her body is the Temple of God, and her reliance on her God-given immune system) was denied on the grounds that her beliefs did not “prevent” her from being vaccinated and because she takes certain medications for a chronic health condition.  Basically, the union told our client that her religious beliefs were not good enough.  The union did not argue “undue hardship.”  She was fired in November 2021.

Our client protected her rights by filing a complaint with the U.S. Equal Employment Opportunity Commission, which issued her a right to sue letter.  We filed our client’s complaint in the U.S. District Court for the Southern District of New York in February 2024, asserting claims under federal, state, and city laws.  We attached the relevant documents to the complaint, so the court could see exactly what happened.  The case was assigned to District Judge Loretta Preska.

Although the case law in Title VII vaccine exemption cases has been trending strongly in favor of employees, the union decided to file a motion to dismiss, essentially arguing that our client is not truly opposed to COVID-19 vaccines on religious grounds.  We vigorously opposed the motion, including periodically sending letters to the court with additional case authority supporting our client’s position.

Judge Preska issued her decision on the motion on February 19, 2025, denying the union’s motion in its entirety.  The court explained:

Plaintiff has sufficiently alleged a bona fide religious belief that conflicted with the Fund’s COVID-19 vaccination policy.  Plaintiff alleges that she is Muslim and has been a member of the Moorish Science Temple of America for her entire life. (Compl. ¶ 42.) Her objection to the COVID-19 vaccine was twofold: 1) Plaintiff was against the practice of testing vaccines on aborted fetal cell lines, and 2) Plaintiff believes her “body is [her] temple,” her “GOD GIVEN immune system” was working the way it was designed to, and “the Creator of all things had the Omniscience to create in nature sustenance to sustain all beings.” (Ex. F at 1.) The Complaint explicitly states that Plaintiff’s opposition to the COVID-19 vaccine was based on “long recognized religious beliefs, including her body as the temple of God, reliance on her God-given immune system, and opposition to abortion.” (Compl. ¶ 59.) At the Motion to Dismiss stage, these allegations are sufficient.

We look forward to continuing to pursue our client’s claims vigorously in court, to help her obtain the justice and compensation she so dearly deserves for the union’s egregious violation of her right to religious liberty.