A former detective investigator has filed a lawsuit against her employer, alleging religious discrimination after being denied a COVID-19 vaccine exemption. Anita Hernandez lodged the complaint in the United States District Court for the Eastern District of New York on August 19, 2024, naming the Richmond County District Attorney's Office, Michael McMahon, and the City of New York as defendants.
Hernandez, an Evangelical Born Again Christian, claims that her deeply held religious beliefs compel her to oppose abortion in all forms. This conviction led her to refuse the COVID-19 vaccine due to its association with aborted fetal cell lines. Despite this, she alleges that her request for a religious exemption was met with discrimination and condescension by her employers. The complaint details how McMahon dismissed her objections as "personal, political preference" and even questioned whether being a Born Again Christian constituted a religion. Furthermore, when Hernandez sought relief from the City of New York, her request was summarily denied without explanation by a Citywide Panel.
The complaint paints a picture of systemic discrimination within the Richmond County District Attorney’s Office and beyond. Hernandez describes how she was placed on Leave Without Pay (LWOP) on March 29, 2022, and subsequently terminated on April 7, 2022. She contends that this treatment violated not only her constitutional rights under the Free Exercise Clause of the First Amendment but also New York State and City Human Rights Laws. Hernandez argues that less restrictive means to reduce the spread of COVID-19 were available and that accommodating her religious beliefs would not have posed an undue hardship for her employers.
Hernandez is seeking several forms of relief from the court. She demands reinstatement to her position with back pay and compensatory damages for emotional distress and pain and suffering. Additionally, she seeks punitive damages against the defendants for their alleged willful violation of her rights. Hernandez also requests that the court declare that her constitutional rights were violated and issue an injunction preventing further discriminatory practices by the defendants.
Case ID 1:24-cv-05790.