New Proposed Class Action Suit Challenges Religious Accommodation Denials Under NYC Vaccine Mandate, Seeks $250M+ in Damages [updated 2-14-23]

The lawsuit brought by 16 current and former Department of Education employees and Teachers for Choice could affect hundreds of New Yorkers if a judge certifies it as a class action.

2-14-23 UPDATE: Attorney Sujata Gibson filed an amended petition in this case today, removing the request for $250 million in punitive damages. But there’s good news for workers who had their requests for religious accommodations denied. “We elected to remove the punitive damages claims to protect class claims, including claims for back pay and actual damages” Gibson explained.

In other words, if you are a current or former employee or contractor of the New York City Department of Education, and you submitted a request for religious accommodation from the COVID-19 vaccine mandate, you are probably eligible to receive any back pay or actual damages awarded if the plaintiffs prevail.

The case has also been assigned to a judge now, and he is none other than Ralph Porzio, the judge who ruled in favor of the 16 sanitation workers who sued in Garvey et al. v. City of New York et al. (That decision invalidated the mandate for municipal workers, but was not honored by the City and is being ap…