As we previously advised, although the Courts have routinely upheld the Constitutionality of the vaccine mandates, we have continued to work to secure the most favorable terms and conditions of how the mandate is implemented by the Police Department. Part of that fight is ensuring that those members who filed for an exemption to the mandate, on either religious or medical grounds, are given thorough, fair, and equitable consideration. We continue our dialogue with the Department’s EEOD on individual cases.
On December 7, 2021, the DEA also filed a motion to intervene in a pending lawsuit challenging the legality of the reasonable accommodation process as a whole. Although the New York State Supreme Court had previously declined to issue a temporary restraining order while it considered the matter, further arguments in that case are scheduled to be heard on December 15th. By intervening in this action, it will ensure that should there be any relief ordered by the Court, such relief will apply equally to DEA members, as well as any other member of the Department. This is in addition to a grievance the DEA previously filed challenging the Leave Without Pay process. That grievance is moving forward.
Although the law certainly has not favored employees’ rights to choose whether to be vaccinated, the DEA will continue to work to protect our members’ rights where we can. We will update the membership as soon as there are any decisions on any of these legal challenges in which we are currently involved.
Paul DiGiacomo
& the DEA Board of Officers
