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San Francisco illegally fired workers seeking COVID vaccine religious exemption, 9th Circuit saysSan Francisco illegally fired workers seeking COVID vaccine religious exemption, 9th Circuit says
The record didn’t show that the City and County of San Francisco “seriously considered any religious accommodation,” according to the court.
February 15, 2025
1 Min Read
A view of San Francisco City Hall on April 11, 2022. The 9th Circuit held that the city and county government discriminated against a group of employees who requested a religious accommodation from its COVID-19 vaccination policy.via Getty Images
By Ryan Golden
The City and County of San Francisco constructively fired several former employees in violation of Title VII of the 1964 Civil Rights Act and California’s Fair Employment and Housing Act after the employees requested religious exemptions from their employer’s COVID-19 vaccination requirement, the 9th U.S. Circuit Court of Appeals held Jan. 30.
According to the decision in Keene v. City and County of San Francisco, the employees sought a preliminary injunction requiring CCSF to accommodate them by allowing them to work remotely or work in-person while wearing personal protective equipment and testing for COVID-19.
A district court denied this motion, but the 9th Circuit reversed. The appeals court held that CCSF could have made such accommodations and failed to show the plaintiffs’ proposed accommodations imposed undue hardship.
“Instead, the record does not reflect that CCSF seriously considered any religious accommodation,” the 9th Circuit said.
Separately, the 9th Circuit found that the district court abused its discretion in finding that the employees did not show irreparable harm and failed to “properly consider the balance of the equities and public interest.”
To read the complete article, visit Smart Cities Dive.
