The University of Virginia wrongly fired an employee who refused to receive a COVID-19 vaccine, according to a new ruling.
The university “acted in an arbitrary and capricious manner” when it fired Kaycee McCoy, a cytotechnologist, in 2021, Virginia District Court Judge Claude Worrell Jr. said in a July 27 ruling.
Ms. McCoy had asked for a religious exemption to the university’s COVID-19 vaccine mandate, with support from her pastor.
But her employer denied the request and terminated Ms. McCoy in November 2021.
Ms. McCoy quickly took her case to the courts, saying that the refusal to grant an exemption violated Virginia’s Constitution, which states in part that all citizens are “entitled to the free exercise of religion” and that no citizen “shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief.”
The university defended its decision, arguing that the plaintiff’s “personal opinions” and “personal preferences” did not make her entitled to a religious exemption. They also said they did not have to grant her an exemption even if her objection was based on sincere beliefs.
Judge Worrell disagreed, finding in favor of the plaintiff.
Virginia courts uphold governmental actions unless the actions are “arbitrary and capricious” or those taken “without a determining principle,” according to previous court decisions.
Hellbound and Down 