The Warshawsky Law Firm represents a former employee of the New York City Department of Sanitation (DSNY) who was fired after his request for a religious exemption to the agency’s COVID-19 vaccination policy was denied.  Among the significant personal and financial hardships our client suffered as a result of losing his job, he was only a few months shy of his 5-year anniversary for pension vesting.  Despite being a skilled welder, losing his job in the middle of the pandemic – when other employers also were requiring the vax – made it extremely difficult for our client to get back on his feet.

The only issue in the case is whether our client, who is Catholic, has a sincerely held religious objection to the COVID-19 vaccines.  He does.  Despite granting hundreds of religious exemptions for other employees (including our client’s work partner, who also is Catholic), DSNY decided that our client’s request was not good enough.  Its decision was unfounded and arbitrary.  After obtaining a right to sue notice from the EEOC, we filed suit for our client in October 2022 in the U.S. District Court for the Eastern District of New York (Brooklyn courthouse).

After the parties completed discovery, the defendant filed a motion for summary judgment, asking the court to throw out the case.  Last week, the court (Hon. Diane Gujarati) DENIED the motion.  The judge held that the question whether our client has a sincerely held religious objection to the COVID-19 vaccines is for the jury to decide at trial.  Exactly what we have wanted from the start of the case!  The judge ordered the parties to submit their Joint Pretrial Order (a listing of witnesses, exhibits, and other important information for trial) by August 18, 2025.  We hope for a trial date before the end of the year.  We are confident that the jury will decide in our client’s favor!

The case is Gabriel Dalmau v. City of New York, No. 22-CV-6326-DG, in the U.S. District Court for the Eastern District of New York.  Mr. Warshawsky is lead counsel for the plaintiff.