Dozens of New York workers file a $250 million lawsuit to overturn wax mandate

Dozens of New York City employees who lost their jobs for failing to comply with the vaccination mandate have filed a $250 million lawsuit seeking to end the rule as the pandemic wanes, new court documents show.

A group of 72 former employees are asking the judge to revoke the mandate given that politicians, including President Biden, Gov. Kathy Hochul, Senator Chuck Schumer, “have all said the pandemic is over,” according to the Bronx Supreme Court lawsuit Thursday.

Many of the fired employees — from the NYPD, the FDNY, the Department of Education, the Department of Health and other agencies — have worked in the city for more than 20 years, yet they “were ‘thrown to the curb’ and ruthlessly fired,” the lawsuit says. .

The city continuing to enforce the mandate for public sector workers is “arbitrary and wayward,” given that it “has been canceled for virtually every other New Yorker,” the statement said.

The lawsuit alleges that vaccination does not completely prevent people from spreading the virus, noting that those who were vaccinated experienced an increase in certain side effects. Meanwhile, those who were not vaccinated “have recovered from covid-19 and are naturally immune,” court documents say.

Last week, New York Supreme Court Judge Gerard Neri struck down the mandate for healthcare workers after finding the city could not enforce the mandate, which was not passed by state lawmakers. The new lawsuit says the mandate “goes beyond” local government.

The city also “failed to engage in a cooperation dialogue” with workers who applied for tax exemptions for religious and medical reasons, which the lawsuit alleges violates city human rights laws.

The former workers “have been unemployed for over a year and most have lost their homes or the ability to support their families,” the filing says.

“The applicants were ridiculed for their religious beliefs,” including by the city, court documents say.

A group of former employees are seeking $250 million in punitive damages from the city.

James Mermigis, who has been dubbed the “anti-closure lawyer” for filing multiple pandemic-related lawsuits, told The Post that “every single [of my clients] were fired unfairly… they stood firm in their religious beliefs and they were fired.”

“They deserve to get their jobs back,” he said.

“Most of the applicants have been working for over 20 years and the city has shown disrespect for these people,” Mermigis said. “They just fired them like they worked there for six months.”

More than 1,750 city workers were fired for refusing to be vaccinated, including 36 NYPD officers and more than 950 Department of Energy employees.

In October, a Staten Island judge ordered the reinstatement of laid-off city workers after finding that the Health Department’s October 20, 2021 order to vaccinate public employees exceeded the authority of the Department of Health. This decision is currently being appealed.

A spokesman for the city’s legal department said, “We will review the case after service.”

The mayor’s office was transferred to the jurisdiction of the legal department.