Break: Federal judge extends temporary ban on NYS vaccine mandate for healthcare industry workers claiming religious exemption until October 12. The order could then turn into a preliminary injunction. @ news10nbc pic.twitter.com/6XmDrymi5z
– Berkeley Brean (@whec_bbrean) September 21, 2021
Jared Cook is a lawyer with Vahey Law Offices in Rochester.
Cook says an employee must prove he has a sincere religious belief against the covid vaccine.
Brean: “So a person doesn’t have to show up with a letter from their pastor to say, ah you see? I get an exception. Is it just a personal thing for that person that they need, to be honest? “
Jared Cook, Vahey Law Offices: “That’s basically correct yes.”
In the lawsuit against the vaccine’s warrant last week, doctors, nurses and technicians suing the lawsuit said taking the covid vaccine would be a “violation of their deeply held religious beliefs” because of the use by the vaccine of “fetal cells derived from abortions”. test, development or production lines. “
Brean: “What’s stopping someone who may not be religious from going to their employer right now and saying I have a religious exemption request to receive the COVID vaccine- 19? “
Jared Cook, Vahey Law Offices: “What is stopping them from doing this? I guess they could try. But the law does not protect false beliefs. It protects sincere religious beliefs and given that the vaccine issue is such a controversial issue, now I suspect most employers are going to take a very close look at these claims and not just say we’re going to drop anything. . “
The employer can say that the exemption would create an undue burden and a dangerous workplace. In this case, the employee can file a complaint with the National Human Rights Division and possibly bring an action before the State Supreme Court.
Eighty-seven percent of health workers in Monroe County are vaccinated.
On October 12, Judge David Hurd will decide whether his temporary restraining order will become a preliminary injunction against the vaccine’s mandate on religious exemption grounds. This is important because a preliminary injunction remains in place until the whole matter is decided, at which point the injunction will end or become permanent.
The court also ordered the in-person hearing scheduled for Tuesday, September 28 to be canceled.
A little background:
On August 26, New York State ordered healthcare facilities to ensure that their employees, including contractors and suppliers, receive at least their first COVID vaccine by September 27.
On Monday, September 13, 17 health care workers filed a complaint in the federal court in Utica.
According to the lawsuit, they only go through doctor “A”, nurse “B”, therapist “I”.
Four are from western New York. Sixteen of them are Catholics. One is a Baptist. And in their complaint, it is said that “it would be a violation of their deeply held religious beliefs and moral conscience to take any of the available COVID-19 vaccines given their use of fetal cell lines derived from abortions in women. testing, development or production. “
One of the attorneys told News10NBC’s Berkeley Brean that the temporary restraining order only applied to employees claiming or seeking a religious exemption.
“The New York mandate removes an employee’s right to seek a religious exemption in the workplace,” said attorney Christopher Ferrara of the Thomas More Society.
Last week, URMC told us, “We are currently developing and adjusting contingency plans based on many variables, including today’s ruling by a Utica federal judge regarding the vaccine’s mandate. We will continue to plan as a system to maintain high quality patient care with minimal disruption as the term of office draws near, and will communicate more widely as the impact of this decision and other details. will become clear. “
URMC says 91% of its staff at Strong Hospital are vaccinated. That’s 85% to the Rochester Regional Health System.
Attorney Ferrara said California has a religious exemption tied to its vaccine mandate.
The Catholic Church says it is “morally acceptable” to take COVID-19 vaccines.