A former San Jose city employee is suing the city, alleging that she was fired from her job as an information technology manager because of her religion, which it claims prevented her from getting vaccinated.
Eran Amir, who filed his lawsuit in Santa Clara County Superior Court on May 11, claims he was discriminated against and discriminated against after refusing to comply with San Jose’s vaccine mandate and submit to testing twice a week. Vengeance was taken against religion.
The mandate came into force on October 1, 2021, but a last-minute deal struck by a police union after more than 100 officers threatened to quit gave employees the option to take a COVID-19 test twice a week if they refused. Get vaccinated done. By extension the deal applied to all city employees and those who were not already granted religious or medical exemptions also had to serve a week’s unpaid suspension.
In October, Amir was one of 3 city employees who received a 40-hour suspension from their jobs for refusing to vaccinate.
Following his suspension, he made a “sarcastic joke” to his manager at Microsoft Teams – a messaging platform – saying he had gotten COVID-19, according to the lawsuit. Several hours later, his manager said he shouldn’t be in the office if he had COVID, prompting Amir to explain that he was “just joking.”
During an October 27 city hearing, his suspension was upheld, with Amir telling city officials that he had finished writing off his religious exemption and planned to submit it soon. The lawsuit states that the next day he was placed on a one-week pay suspension and was taken out of his work account and unable to access religious exemption forms.
After a one-week paid suspension he later received a one-week unpaid suspension and a notice of dismissal for his refusal to test twice a week, as well as a joke he made with his manager.
He was abolished on 15 November before the religious exemption was presented.
According to the lawsuit, Amir was originally “hesitating to submit it because of pending litigation, frequent changes in city, county, and state mandates, and the fact that the policy forced employees to take their own time to trial,” They had to “believe” the city’s vaccination policy was not legal.
According to one of his attorneys, Oshi Orchid, a partner at the Los Angeles-based law firm Public Employees Legal LLP, Amir told city officials several times that he had written about the exemption, but the city did not take the form.
Orchid said she doesn’t believe San Jose’s vaccine policy is legal because it requires employees to be tested twice a week on their own schedule, without compensation.
Of Aamir, he said, “Just logically it was very difficult to get tested after work because that was a time when the facility would be more busy, getting on the bus would be more busy.” Take public transportation to county testing centers.
As of April 8, 239 city workers remained without vaccinations, according to city spokesman Demetria Machado. About 97 percent of the city’s 6,950 employees have been vaccinated.
Machado said 236 employees have been exempted for medical or religious reasons or have an exemption request pending.
Two employees who did not comply with the test requirement for unvaccinated individuals were fired.
San Jose City Attorney Nora Freeman was not immediately available for comment.