A former Philadelphia assistant district attorney has asked the U.S. Court of Appeals for the Third Circuit to reverse a lower court decision that allowed her to be terminated for refusing to receive a COVID-19 vaccine.
Rachel Spivack served as an assistant district attorney in Philadelphia District Attorney Lawrence Krasner’s office.
When Krasner’s office mandated the COVID-19 vaccine in 2021, Spivack requested a religious accommodation because her Orthodox Jewish religious beliefs prohibit her from receiving any vaccines.
After waiting for almost seven months for a response to her accommodation request, her request was denied and she was fired.
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Meanwhile, ten unionized employees and one medically exempt non-unionized employee were permitted to continue working without being vaccinated.
Krasner denied all religious exemption or accommodation requests because he believed he was not legally required to grant them, even though he allowed others to work in the office unvaccinated.
Spivack filed a complaint last April claiming Krasner violated her First Amendment rights by refusing to allow religious accommodations to the vaccine mandate.
In January, a federal judge ruled in favor of the Philadelphia
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