I have a religious exemption for all vaccine mandates under Section VII of the Civil Rights Act, but now New York imposes the COVID vaccine on all NYC workers, and it appears they will not respect the religious exemption. Our mayor is angry. How can he do this? Is it legal?
Who should I argue with a reader’s opinion?
But as for your question, it’s an excellent one, and I was even curious about it. I thought, “it can not stand up in court.” Well, apparently, three health professionals were also curious and challenged it in court and won. It has not been widely reported, but the court granted a temporary injunction, and NYC employees who have a religious exemption do not need to be vaccinated. The city is also obliged to make a reasonable accommodation. There will be more in this hotly debated debate. As for your feelings about the mayor, that problem will be solved in a few weeks.
My employer imposes the vaccine. I will not be vaccinated and I refuse to quit my job so I will probably be fired. Am I entitled to unemployment benefits?
Workers qualify for unemployment benefits in the event of “justified job separation”.
What constitutes qualified job segregation may vary depending on the state. In most cases, workers can claim benefits after they are fired, dismiss a job for “good cause” or be fired for a reason other than “misconduct”. Despite what can be reported elsewhere, refusal to comply with a vaccination mandate will hardly be considered a “misdemeanor”. It is not in the interests of employers to make you believe that you would be entitled to benefits and they may challenge your claim, but if you lose your job as a result of not complying with the mandate, I think the chances are good for , that you will still be eligible even if you do not invoke disability or religious exemption.
Gregory Giangrande has over 25 years of experience as a human resources manager and is dedicated to helping New Yorkers get back to work. Email your questions to GoToGreg@NYPost.com. Follow Greg on Twitter: @greggiangrande and on GoToGreg.com.