Skip to content

NY Supreme Court: Vaccine Mandates Illegal, Orders Reinstatement and Back Pay for Fired Workers

New York City must reinstate all fired workers with back pay, according to Judge Porzio’s ruling.

Photo: Nick Allen

NEW YORK — On Monday, the Supreme Court of the State of New York nullified vaccine mandates that had led to the firing of New York City public employees. The judge, Ralph J. Porzio, also ordered the city to reinstate all of those who were separated from their employment, plus pay them salaries owed from the date they were terminated.

“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19. As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals. The Petitioners should not have been terminated for choosing not to protect themselves. We have learned through the course of the pandemic that the vaccine against Covid-19 is not absolute. Breakthrough cases occur, even for those who have been vaccinated and boosted. President Joseph Biden has said that the pandemic is over,” Judge Porzio writes in the 13-page decision.

According to Judge Porzio’s ruling, the October 20, 2021 and December 13, 2021 rulings from the Commissioner of Health and Mental Hygiene which ordered all city employees to get vaccinated were “arbitrary and capricious.”

The case was brought by Department of Sanitation workers in New York City, but the ruling will apply to all city employees.

“It’s null and void,” attorney Chad LaVeglia said in a video on Twitter. “We just defeated the vaccine mandate for every single city employee.”

Download the official ruling here: