A former employee has filed a lawsuit against Stony Brook University Hospital, alleging wrongful termination due to disability discrimination related to the hospital’s COVID-19 vaccine mandate. Susan Viola, represented by The Mermigis Law Group, P.C., filed the complaint in the U.S. District Court for the Eastern District of New York on December 6, 2024.
The lawsuit centers on Viola’s dismissal from her position at Stony Brook University Hospital after she was unable to comply with the hospital’s vaccine mandate due to medical reasons. Viola, who had been employed at the hospital since 2008, claims her termination on December 6, 2021, was discriminatory and retaliatory.
According to the complaint, a New York State Licensed Physician Assistant advised against the vaccine due to potential allergic reactions. Despite submitting a medical exemption request, the hospital allegedly refused to accommodate her condition.
Viola argues that her dismissal violated the New York State Human Rights Law (NYSHRL), which prohibits discrimination based on disability. She asserts that she could have continued performing her duties with reasonable accommodations such as weekly testing or masking—measures that had been in place for over 40 weeks while vaccines were available.
The complaint further accuses Stony Brook University Hospital of failing to engage in a cooperative dialogue about potential accommodations for her disability.
In addition to her claims under NYSHRL, Viola is seeking declaratory relief under the Supremacy Clause of the U.S. Constitution. She argues that New York State’s COVID-19 vaccine mandate conflicts with federal law and infringes on rights protected by the Fourteenth Amendment, particularly regarding personal autonomy and bodily integrity.
The plaintiff contends that, since COVID-19 vaccines reduce symptoms but do not prevent transmission, they should be considered treatments, not vaccines as traditionally defined.
Viola seeks various forms of relief, including reinstatement to her previous position with accommodations, compensation for lost wages and benefits, compensatory damages for mental anguish, punitive damages, attorney fees, and declarations that her constitutional rights and federal supremacy were violated by the hospital’s actions.
The legal team representing Viola is led by James G. Mermigis of The Mermigis Law Group, P.C. The case is being heard under Case ID 2:24-cv-08407.