As we previously advised, the DEA joined a lawsuit challenging the Department’s policy and procedures for deciding requests filed by members for a “Reasonable Accommodation”/exemption from the New York City vaccine mandate. Among other issues we have with the RA process, members’ requests for either a religious or medical exemption were being denied by the Department without any reason as to why the request was denied, and without the member even being contacted about the basis for the request.
We filed a motion for a preliminary injunction asking the Court to halt the RA process until these issues were addressed and members given the due process they deserve.
On December 22, 2021, the Court granted that motion and issued a Preliminary Injunction in the case ordering that the Department cannot render any further determinations of members’ RA requests without providing specific reasons for the denial sufficient for members to file an appeal. Further, although the Department has now begun to provide reasons for denials of religious exemptions using a form that was just developed, the Court ordered the Department to develop a similar form for medical exemption requests as well, and to provide such form to the Court for approval prior to its use.
Further, any appeals of prior denials of RA requests are to begin anew only after applicants are provided the basis for the denial of their request. Essentially, if you had a request previously denied by the Department, you will be receiving a new notification from the Department providing a reason for the denial, and you must then submit an appeal of the denial within seven (7) days of your receipt of the determination.
Members will continue to work throughout the RA process, including any appeals, as long as they continue to follow the mandatory testing guidelines.
It is important to note that this particular lawsuit does not challenge the vaccine mandate itself; other pending cases are currently challenging the mandate. This lawsuit challenges the Department’s reasonable accommodation process as applied to members of the service. The case will now continue before Justice Frank to determine if a permanent injunction of the RA process is appropriate.
The DEA has confirmed with Labor Relations that the Department has halted all RA determinations at this time until they have developed a similar form for both religious and medical accommodations as directed by the Court.
We will continue to keep you advised of all developments.
Here’s the backstory:
Please be advised we have just been informed that — starting Wednesday, November 17, 2021 — the Department will start issuing determinations to UMOS who submitted for medical reasonable accommodations. Although the Department did not provide more information, it is our understanding that these determinations will be sent via email to members and that within the email there will be a link to appeal the decision, which must be filed within seven (7) business days of the member’s receipt of the email. There is presently no timetable for how long it will take for the appeals to be decided. We have requested from the Department a specific policy in writing regarding the appeal process.
However, members will continue to work throughout their appeal and must abide by the Department’s testing policy. Members who are denied their accommodation, but choose not to appeal, must provide proof of vaccination within seven (7) days of their receipt of the email, or they will be placed on leave without pay status.
The DEA is in the process of filing a grievance challenging the unilateral placement of members of the service on leave without pay status in violation of the Collective Bargaining Agreement and the Department’s rules and regulations.
The DEA will keep you updated as we receive more information.
Paul DiGiacomo and the
DEA Board of Officers
