Rationality Triumphs over Fear in Federal Court

In a landmark decision in federal court, after a hung jury in the first hearing, the second jury found in favor of fired BART workers who had sued their employer after termination for filing vaccine mandate religious exemption applications.

However, by the time the vaccine mandates were implemented in the fall of 2021, the widespread Delta strain of Covid-19 infection had largely escaped vaccine immunity (remember the first booster campaign?) and thus the evidence of Covid-19 transmission risk reduction for “full vaccination” required by the mandates was virtually gone—except that medical experts for the defendants in the BART and other cases were still using the earlier stale evidence to support their scientific assertions.

In general, these mandates allowed that mandated individuals could file exemptions based on sincere religious objections or medical necessity, and if these exemptions were granted, employers were then required to seek, in good faith, accommodation positions where the exempted personnel could still work but would pose less of an infection risk to other employees, patients, customers, students etc.

Thus in retrospect, as I had discussed in my testimony as an epidemiology expert for plaintiffs in the BART case, the jury appears to have eventually apprised the circumstances accurately: the small numbers of religiously exempt employees did not pose a major infection transmission risk in comparison to the large BART workforce or to the even larger BART ridership—patrons who themselves were not required to be vaccinated in order to ride the BART trains.

In the case’s initial verdict form, the jury unanimously concluded, for each of the six plaintiffs, in response to the question, “Has BART proven that the plaintiff could not be reasonably accommodated without undue hardship?” they wrote, “NO, not proven by BART.” That is, the fact that such individuals “could” pose infection transmission risks, did not establish an undue hazard that they “would” pose inordinate infection transmission risks. 

https://brownstone.org/articles/rationality-triumphs-over-fear-in-federal-court/