Fired for not taking COVID-19 vaccine, one employee from San Pablo

San Francisco, CA. –  A federal jury on Wednesday, Oct. 23, 2024, delivered a stunning blow to Bay Area officials who denied every religious accommodation requested by workers to its COVID-19 vaccine mandate.

The eight-person jury deliberated for two days before unanimously awarding six 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.

On Friday, Oct. 18, 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.

The BART employees’ case number is 3:22-cv-06119-WHA.

California Family Council Comments on Court Victory

In addition, the California Family Council wrote the following on their website (republished with permission):

Victory for Conscience: Fired BART Employees Secure Million-Dollar Settlement Over Vaccine Mandate

In a case that sends a powerful message on the importance of religious liberty, a San Francisco jury awarded more than $7 million to former Bay Area Rapid Transit (BART) employees who were terminated for refusing the COVID-19 vaccine on religious grounds. Represented by the Pacific Justice Institute (PJI), these employees sacrificed their careers rather than compromise their deeply held convictions—a stand that has now been vindicated in court, both legally and morally.

A Stand for Faith Over Career

This case, centered on BART’s refusal to accommodate employees’ sincere religious objections, highlighted the tensions between public health policies and individual rights to religious freedom. For these former BART workers, faith was not just a private belief but a guiding principle that defined how they lived and worked. In the face of mounting pressures, they made a difficult choice: to lose their jobs rather than violate their consciences. According to Kevin Snider, PJI’s Chief Counsel and lead trial attorney on the case, “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.”

This lawsuit is part of a broader trend in the courts, where cases involving COVID-19 mandates and religious objections are increasingly ruling in favor of those who held firm to their faith. The jury’s decision represents a milestone in affirming that religious accommodations cannot be set aside, even amid unprecedented health crises. As Reuters noted, similar cases across the country are starting to see victories for individuals who stood by their beliefs rather than comply with mandates they found objectionable on religious grounds.

Pacific Justice Institute Defends Religious Rights in Court

Brad Dacus, President of PJI, emphasized the wider impact of this ruling, saying, “This case sets a legal precedent ensuring that all government agencies honor religious exemptions.” His statement underscores that this case has implications far beyond California and BART; it signals a renewed commitment to protecting religious rights across all sectors, reminding government agencies and private employers alike that religious liberty is a constitutional right, not an optional privilege.

Greg Burt, Vice President of the California Family Council, echoed this sentiment, stating, “Employers have an obligation to respect their employees’ religious beliefs by providing reasonable accommodations whenever possible. Religious freedom is foundational, and this decision underscores the importance of honoring that freedom in all facets of public life.” Burt’s comments resonate in a climate where religious rights are often viewed as secondary to policy mandates, reinforcing the idea that true religious freedom requires active respect from employers and institutions.

Integrity and Conviction in the Face of Institutional Pressure

The jury’s award of over $7 million was not merely a financial victory but a resounding affirmation of the workers’ commitment to their principles. It serves as a powerful testament to the fact that religious liberty extends into the workplace and that individuals should not be coerced into choices that violate their faith. The workers’ triumph speaks to the courage it takes to defend one’s beliefs against institutional pressures. The defendants’ win also addresses a broader legal and societal question: How do we, as a nation, protect the conscience rights of individuals amid public mandates? By securing this verdict, the former BART employees underscore the critical importance of faith-based resilience in a culture that increasingly prioritizes compliance over conviction.

This case does more than validate the BART employees’ religious rights—it represents an undercurrent of resistance where faith and courage fuel social change. Their unwavering stance mirrors that of others in history who’ve faced institutional pressures for their beliefs, reminding us that when one group stands firm, they often pave the way for countless others to reclaim their rights. With this landmark decision, these workers have become symbols of integrity and resilience, showing us all that the call to live authentically—faith and all—can transform society in profound ways.

An effort to contact one of the six plaintiffs who lives in San Pablo was unsuccessful prior to publication time. Please check back later for any udpates to this report.