Anderson v. Hochul

Background

Khaliq Alim Anderson alleged that Metropolitan Hospital, operated by New York City Health + Hospitals, fired him in 2021 after he declined a COVID-19 vaccination. He alleged that he requested information about the vaccine and a religious accommodation, but that officials denied the requests without explaining what hardship an accommodation would cause or providing an option to correct or appeal the decision.

Anderson also challenged vaccine-mandate decisions by New York State and New York City officials. He alleged that New York State officials continued enforcing a vaccine mandate after the statewide public-health emergency ended. He also alleged that New York City officials maintained vaccine requirements for healthcare workers while exempting certain athletes, artists, and performers.

The court had previously dismissed the original complaint for failure to state a claim and allowed Anderson 30 days to replead a religious-accommodation claim. After Anderson filed three amended pleadings, the court identified the third amended complaint as the operative pleading and warned that another pleading filed without permission would be removed from the docket.

New York State officials

The court dismissed Anderson’s claims against Governor Kathy Hochul, Commissioner James V. McDonald, and former Commissioner Mary T. Bassett. Anderson appeared to rely on alleged violations of state law, but the court explained that a violation of state law cannot itself support a civil-rights claim under 42 U.S.C. § 1983.

The court also rejected any constitutional challenge to requiring healthcare employees to be vaccinated as a condition of employment. It relied on Second Circuit precedent upholding vaccination as a condition of employment in the healthcare field and explaining that the State was not forcibly vaccinating healthcare workers. The court therefore dismissed these claims for failure to state a claim under the screening statute for complaints filed without paying filing fees, 28 U.S.C. § 1915(e)(2)(B)(ii).

New York City officials

The court dismissed Anderson’s potential Fourteenth Amendment equal-protection claim against Mayor Eric Adams, Health Commissioner Dr. Ashwin Vasan, and former Health Commissioner Dave A. Chokshi. Anderson argued that he was treated differently from athletes, artists, and performers who received exemptions from vaccination requirements.

The court explained that a person bringing this type of “class-of-one” claim must allege intentional different treatment from someone similarly situated and must show that there was no rational basis for the difference. Anderson did not identify a similarly situated healthcare worker who was treated differently. The court found that the athletes, artists, and performers he identified were not similarly situated and concluded that he could not state a claim under § 1983.

Religious-accommodation claim

The court also dismissed Anderson’s religious-accommodation claim against Dr. Mitchell Katz, former Commissioner Gary P. Jenkins, and former Commissioner Steven Banks for failure to state a claim, but granted limited leave to replead that claim.

The court explained that an employer may accommodate an employee who cannot be vaccinated for religious reasons by moving the employee outside the vaccine mandate’s coverage while allowing the employee to continue working. The law does not require an employer to provide a blanket religious exemption that permits an employee to remain in the same position while unvaccinated.

Anderson alleged that his Service Aide position could involve indoor, outdoor, or remote work, but he did not allege that he could perform the job remotely while remaining unvaccinated and employed. The court therefore found that his allegations did not state a First Amendment accommodation claim as pleaded. It allowed him 30 days to file a fourth amended complaint asserting only that claim, against individuals personally involved in his accommodation request, and requiring facts about his work in 2021 and the specific steps he took to request continued unvaccinated work.

Disposition

The court dismissed all claims in the third amended pleading for the reasons stated in its January 8, 2024 order and for failure to state a claim, with 30 days’ leave to replead the religious-accommodation claim. If Anderson does not file a fourth amended complaint within that period, the court stated that it will direct the Clerk of Court to enter judgment. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied payment-free status for purposes of an appeal. The court directed the Clerk to keep the matter open until a civil judgment is entered.