Legal Earthquake: SF jury awards millions to workers denied religious accommodations
San Fransisco, CA. – A federal jury on Wednesday delivered a stunning blow to Bay Area officials who denied every religious accommodation requested by workers to its COVID-19 vaccine mandate.
The 8-person jury deliberated for two days before unanimously awarding 6 former employees of San Francisco Bay Area Rapid Transit District (BART) more than $1 million each, for a total of about $7.8 million. The employees have been represented by Pacific Justice Institute since 2022.
Last Friday, the jury first determined that BART failed to prove an undue hardship in denying any accommodations to the employees. Yesterday, the jury further concluded that all of the employees had met their burden of showing a genuine conflict between their faith and the vaccine requirement, which was implemented in late 2021. The jury then accepted the numbers calculated by the plaintiffs’ economic expert for lost wages and added $1 million to each of those figures.
Brad Dacus, president of PJI, commented, “These verdicts are seismic—a 7.8 San Francisco legal earthquake. This amazing outcome represents so much hard work by our team, perseverance by these clients, and fairness from our judicial system.”
Kevin Snider, PJI’s Chief Counsel who served as lead trial counsel, commented, “The rail employees chose to lose their livelihood rather than deny their faith. That in itself shows the sincerity and depth of their convictions. After nearly three years of struggle, these essential workers feel they were heard and understood by the jury and are overjoyed and relieved by the verdict.”
During the trial, jurors heard compelling testimony from dedicated employees. One of the plaintiffs had worked for more than 30 years for BART, with a stretch of 10 years perfect attendance, before being unceremoniously dismissed. Another had been out on workers comp for months, with no scheduled return date, when she was fired. BART had also argued that several of the employees’
conflicts with taking the vaccine were more secular than religious. The jury disagreed.
PJI’s trial attorneys in this case consisted of Kevin T. Snider, Matthew B. McReynolds, and Milton E. Matchak. PJI was joined at trial by co-counsel Jessica R. Barsotti. Nationwide, PJI continues to represent hundreds of dedicated employees who lost their jobs after they sought and were denied religious accommodations to the COVID-19 vaccines. This week’s verdicts are expected to impact many of those pending cases.