After Antonio Coronado did not want to be vaccinated against covid-19 “for religious and personal reasons,” the catering company he worked for fired him. The 35-year-old man now has filed a lawsuit against the company.
From the Queens Supreme Court, where the lawsuit against the Great Performances company was filed, Coronado explained: “I was in the company for a year but in that particular place, I was there for eight months and during those eight months we have been doing tests. of covid-19 twice a week and wearing our masks. “
“Until maybe two, three months ago we received an email saying that they wanted to make it mandatory, and then until maybe two or three weeks I received an email saying that I could not work for them no more,” the man stressed in an interview with Univision 41.
According to Coronado, Great Performances was “trying to pressure me to get the vaccine.”
The man stresses that “all the managers knew that I was not going to get the vaccine”, but that they continued to “pressure” him.
“I just didn’t want to do it because of religious reasons, personal reasons,” said Coronado, who said that he is “Christian, specifically Pentecostal” and that he believes an experimental vaccine, so I have the right to say that I don’t want to do it. “
Many, like Coronado himself, think that coronavirus vaccines are “experimental.” However, all of the vaccines currently being administered to the United States population (Pfizer / BioNTech, Moderna, and Johnson & Johnson) have been approved by the Food and Drug Administration (FDA).
The FDA authorization for emergency use in the United States has been issued as a result of the severity of the pandemic, but all vaccines have been safety tested before being made available to the public. This means that the vaccine is not experimental.
However, Coronado’s complaint indicates that forcing employees to get vaccinated violates state and municipal laws and is discriminatory. “I decided to sue because this is not right. They cannot force an employee especially when I was doing everything they told me,” he says.
Currently, the US Equal Employment Opportunity Commission (EEOC), clarifies about work circumstances which include the coronavirus pandemic that “federal Equal Employment Opportunity laws do not prevent an employer from requiring all employees who physically enter the workplace to be vaccinated against covid-19.”
However, he explains later: “In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations to employees who, because of a disability or sincere religious belief, practice, or observance, are not vaccinated against COVID-19. 19, unless providing an accommodation would pose an undue hardship to the operation of the employer’s business. “
Through a statement, the company that is being sued assured Univision 41:
Great Performances requires employees to be vaccinated against COVID-19, as permitted by CDC guidelines and applicable federal, state, and local laws. In accordance with these guidelines and laws, we enter into a cooperative dialogue with employees who request a reasonable accommodation based on a disability or sincere religious belief. It is Great Performances policy to refrain from further commenting to the media about current litigation.
In response to the company’s response, Coronado’s attorney, David Schwartz, pointed out: “Under New York and New York City law, state law and human rights, executive law, an employer has no right to fire to an employee based on religious conviction, ethical and personal convictions, right to autonomy “.
“You can’t fire someone for personal health care reasons. You just can’t do that,” he said.
He added: “I think the chain of events is such, there were no adaptations, the adaptations should have been what he was already doing. He was getting tested twice a week. He was wearing a mask. They were taking his temperature. They were taking all necessary precautions to take care of the health of others in the workplace. “
Schwartz concluded: “They didn’t offer him to stay on that cycle of accommodations. They just fired him. And that’s wrongful termination. That’s retaliation. And that’s why we’re suing, on that basis.”
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