Philadelphia

Former ADA wins appeal after being fired for refusing COVID vaccination due to religious beliefs

On Monday, an appeals court ruled in favor of Rachel Spivack, a former Assistant District Attorney in Philadelphia, after she was fired for refusing to be vaccinated because of her Orthodox Jewish faith

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An appeals court ruled in favor of former Assistant District Attorney Rachel Spivack, who worked under Philadelphia District Attorney Larry Krasner, on Monday, after she was fired for refusing to recieve the vaccination for Covid-19.

In a statement, First Liberty -- a group that claims to be "the largest legal organization in the nation dedicated exclusively to defending religious liberty for all Americans" -- said that Spivack was fired by Krasner's office after she refused to be vaccinated for Covid-19, citing her Orthodox Jewish faith.

The ruling reversed an earlier court's decision that had sided with Krasner's office.

“We are grateful that the Appeals Court recognized that these important issues deserve a jury’s consideration,” said First Liberty Senior Counsel, Lea Patterson, in a statement on the ruling. “No American should lose her job for living according to her sincerely held religious beliefs.”

This new ruling found that Spivack is entitled to a trial because, as described by First Liberty, ""Krasner’s decision arose from religious hostility."

According to First Liberty, when Krasner’s office mandated the Covid-19 vaccine, Spivack requested a religious accommodation and waited for almost seven months for a response to her request.

She was fired when her request was denied, although, a statement claims other employees were accommodated because of medical reasons and union membership.

Contacted after the day's ruling, a representative of Krasner's office declined to comment on the case, noting that it is still an "open matter."

Representatives of First Liberty did not provide details on when this case may head back to court.

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