The firefighter lost his job, won in court, then lost again on appeal
A New York appeals court has sided with the New York City Fire Department after a firefighter challenged the denial of his religious vaccine exemption.
The Appellate Division, Second Department handed down its decision on October 7, 2026, finding the city’s denial of the accommodation request was neither arbitrary nor a breach of its obligations under the New York City Human Rights Law (NYCHRL).
The firefighter had been employed by the New York City Fire Department (FDNY) when the city’s Commissioner of Health and Mental Hygiene issued a mandate on October 20, 2021, requiring all city employees to show proof of COVID-19 vaccination by October 29, 2021. The firefighter did not comply. He was placed on leave without pay on November 1, 2021.
Four days later, he requested a religious accommodation. The FDNY denied it on November 29, 2021. He appealed to the City of New York Reasonable Accommodation Appeals Panel, which upheld the denial on February 20, 2022. He was terminated on March 15, 2022.
The firefighter then brought an Article 78 proceeding - the New York procedural route for challenging government decisions - against the FDNY and the city. He sought to have the panel’s determination annulled, along with back pay and attorneys’ fees.
A lower court agreed with him. The Supreme Court, Richmond County found the city had failed to engage in the “cooperative dialogue” required by the NYCHRL before denying...
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