Claimant for Unemployment Insurance Benefits appealed a New York State Unemployment Insurance Appeal Board [Board] ruling holding that Claimant was disqualified from receiving unemployment insurance benefits because Claimant voluntarily separated from employment without good cause.
Claimant was notified by her employer that she and similar situated employees in patient-facing roles were required to obtain a COVID-19 vaccine by a specified date in order to continue their employment. Claimant submitted a written religious exemption request seeking to be exempt from the vaccination requirement, which request the employer denied.
Claimant's employment was ultimately terminated for her failure to obtain the COVID-19 vaccination and she applied for unemployment insurance benefits.
The New York State Department of Labor issued an initial determination finding, among other things, that Claimant was disqualified from receiving unemployment insurance benefits because she had voluntarily separated from her employment without good cause. Following a hearing, an Administrative Law Judge sustained the initial determination, and that decision was upheld by the Unemployment Insurance Appeal Board and Claimant appealed.
The Board then reopened its decision pursuant to Labor Law §534 and remanded the matter for a hearing to address, among other things, Claimant's contention that her sincerely held religious beliefs prevented her from receiving the COVID-19 vaccination. The Board confirmed its earlier decision and Claimant appealed.
The Appellate Division affirmed the Board's decision noting that "Whether a claimant has good cause to leave employment is a factual issue for the Board to resolve, and its determination will be upheld if supported by substantial evidence, notwithstanding evidence in the record that might support a contrary in addition the the Court observed "... whether a claimant's conduct is motivated by sincerely held religious beliefs or is based upon secular convictions is a question for the Board".
Claimant had indicated, among other things, that she declined to be vaccinated because of her faith, that she has serious medical issues, that receiving the vaccine would not have been in her health's best interests and that she had safety concerns regarding the COVID-19 vaccine.
Under the circumstances, and deferring to the Board's credibility assessments and the inferences to be drawn from Claimant's testimony and submissions, which varied at points regarding her reason for not getting vaccinated, the Appellate Division concluded that "substantial evidence supports the Board's finding that claimant voluntarily refused to comply with the vaccine mandate for personal and secular reasons, including her safety concerns, and not based upon sincerely held religious beliefs and, thus, she left her employment without good cause."
Click HERE to access the Appellate Division's decision.