A Lower Court Ruling Has Been Overturned, Clearing Path for Lawsuit
The U.S. Court of Appeals for the Third Circuit has cleared the way for a religious bias lawsuit against Philadelphia District Attorney Larry Krasner. The decision overturned a lower court ruling that former Assistant District Attorney Rachel Spivack failed to provide evidence demonstrating that Krasner showed hostility toward her religion when she refused to comply with a COVID-19 vaccine requirement on religious grounds. Spivack is represented by The Gold Law Firm P.C., a longstanding Philadelphia employment law firm.
Spivack, an Orthodox Jew, requested an exemption because injections of undisclosed ingredients violated her religious tenets. She filed a lawsuit against Krasner in the U.S. District Court for the Eastern District of Pennsylvania under the First Amendment’s free exercise clause and the Pennsylvania Religious Freedom Protection Act. The trial court ruled in favor of Krasner, citing evidence showing the mandate “was intended to prevent sickness and death to the maximum extent possible.”
The federal appeals court determined decisions regarding the mandate’s neutrality and whether anti-religious hostility tainted treatment of religious exemptions belongs to a jury. Federal courts are weighing how faith-based objections to vaccine rules can legally override policies safeguarding all workers.
The Equal Employment Opportunity Commission (EEOC) has called for legal clarity on this issue, as it is filing lawsuits against companies for failing to grant religious exemptions to vaccine policies.
During the lower court proceedings, Krasner testified that he should have allowed Spivack to remain unvaccinated by allowing her to work remotely, undercutting his argument that he applied the mandate to all workers neutrally. The appeals court ruled that a reasonable jury could interpret the DA’s comments as hostility toward religious viewpoints, thereby influencing his treatment of religious exemptions. The court stated that a jury could also surmise that Krasner’s comments provide insufficient evidence of hostility, citing that.
Spivack admitted never hearing office reports of Krasner’s hostility to religion during her deposition.
Religious exemption rights are protected under Title VII of the Civil Rights Act of 1964 and require employers to make reasonable accommodations for employees’ religious practices and beliefs, barring any undue hardship. Accommodations vary but include “modifications to workplace policies” as an option.
The Gold Law Firm P.C. is a full-service employment law firm that has been serving Pennsylvania workers for decades. If you are experiencing discrimination at work, call 215-569-1999 or visit us online to schedule a free consultation. Located in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey and Southeastern Pennsylvania.
