Unvaccinated WA Firefighters Sue to Recover Back Pay

According to a report from HeraldNet, eight members of Snohomish (WA) Regional Fire and Rescue (SRFR) who were placed on unpaid leave after they refused to be vaccinated for COVID-19 are now suing for back pay, accrued vacation time, and other benefits lost while off the job.

In a complaint filed in U.S. District Court in Seattle, the members, who had a religious exemption to the mandate, claim the unpaid leave was not a “’lawful’ accommodation” and they should receive compensation for “financial losses.”

Commentary: Trust, Faith, and the COVID Shots

The members also claim the accommodation policy for unvaccinated workers, which was negotiated by the district with the firefighters’ union, discriminated against their religious beliefs.

The employment discrimination suit, filed on November 22, says: “The Plaintiffs can establish a prima facie case of discrimination: They have a bona fide religious belief which conflicted with the employer’s policy, they placed their employer on notice of the conflict, the employer took adverse action against them.”

SRFR firefighters David Peterson, Beau Watson, Jay Stickney, Evan Merritt, and Kevin Gleason are now back at work after fire commissioners in April agreed to reworked how to accommodate their return. Another member, Riley Korf, is expected back on the job shortly.

Norm Alan Peterson II and Ryan Stupey, the final two plaintiffs, are still on unpaid leave.

SRFR officials have yet to be served with the lawsuit.

In August 2021, Governor Jay Inslee signed an order requiring health care providers, which includes firefighters and paramedics, to be vaccinated for COVID-19. The deadline to comply was October 18, 2021. After the deadline, an employee covered by the mandate must have had to receive the vaccine or obtain a religious or medical exemption and a reasonable accommodation from their employer to keep working.

Such accommodations may include masking, regular testing, or remote work. Across Washington state, thousands of state employees quit or were terminated for not complying with the mandate.

The SRFR and International Association of Fire Fighters Local 2781 negotiated a memorandum of understanding stating that unvaccinated employees who did not receive said accommodations would be given an unpaid leave of absence for up to one year. The clock would begin once the worker used up all their paid leave.

Although all eight plaintiffs had obtained a religious exemption, the district determined firefighters could not do their jobs safely and effectively by wearing masks, testing regularly and maintaining social distance on the job. As many as 13 firefighters were put on leave.

In April, the SRFR’s Board of Commissioners voted to allow workers to return to the job beginning June 1.

At the time, Fire Chief Kevin O’Brien said it was always the district’s intent to bring employees back.

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