Where a plaintiff has filed a Chapter 151B complaint alleging that the commonwealth wrongfully terminated his employment when, following the denial of his application for a religious exemption, he refused to comply with the commonwealth’s COVID-19 vaccine mandate, the complaint should not be dismissed despite the commonwealth’s argument that the plaintiff has not identified a religious practice that conflicts with the vaccine requirement.
“Presently before the Court is Plaintiff’s Motion to Amend the Amended Complaint, pursuant to which he seeks to again amend his Amended Complaint to add: (1) claims under 42 U.S.C. §1983 for violation of the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment against five Commonwealth employees in their individual capacities (hereinafter, the ‘Individual Defendants’) (proposed Causes of Action 1-2, 4-5, 7-8, 10-11, 13-14); (2) claims under Title VII of the Civil Rights Act of 1964 against the Individual Defendants (proposed Causes of Action 3, 6, 9, 12, 15); and (3) a claim for conversion against the Commonwealth (proposed Cause of Action 17). …
“Plaintiff proposes claims pursuant to 42 U.S.C. §1983 against the Individual Defendants for violation of the Free Exercise Clause of the First Amendment and the Equal Protection Clause of the Fourteenth Amendment. …
“Plaintiff’s claims fail for several reasons.
“First, leaving aside the merits for the moment, Perkins has failed to allege...
This article is commentary on matters of public concern. It is not legal advice. Consult licensed counsel about specific situations. This is Wrong. This is Illegal The President of the United Stat...