Charles Burton, human resources director with ºüÀêÊÓƵ Public Schools, asks 7-year-old Ivy Rowlyk whether she is getting her first or second shot COVID vaccine during a clinic in Vashon. Ivy was joined at the clinic, held Dec. 4, 2021 at Vashon High School, with her mother, Katherine Rowlyk.
ST. LOUIS — A federal judge awarded $4 million to 13 current and former employees of ºüÀêÊÓƵ Public Schools who sued the district for disciplining them after refusing the COVID-19 vaccine.
A jury ruled Thursday in favor of the employees who had largely sought religious exemptions from the district’s vaccine mandate in 2021.
Lead plaintiff Wanda Brandon, who still works as a teacher for SLPS, said the district treated its staff with “benign neglect.â€
“It was real neglectful to toss our religious exemptions to the side like they meant nothing,†Brandon said. “It’s a victory for employee rights. It’s important that employees always stand up and fight back.â€
The ºüÀêÊÓƵ Board of Education adopted a vaccine mandate in the fall of 2021 for all SLPS staff unless they had a medical or religious exemption. The lawsuit was originally filed by 43 employees who claimed they were denied vaccine exemptions and placed on unpaid leave or fired.
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About 96% of the district’s 3,400 staff members received the vaccine by the October 2021 deadline, district officials said at the time.
While other local school districts and public agencies including the city of ºüÀêÊÓƵ imposed vaccine requirements, most allowed unvaccinated employees to submit to regular COVID-19 testing. The SLPS policy only allowed testing for unvaccinated employees who were granted medical or religious exemptions.
The district’s former human resources director Charles Burton said in a 2021 deposition that no religious exemptions were granted for staff.
“People have a right to freedom of religion in this country, and people have — and students have a right to a free public education,†Burton said. “So we find ourselves balancing the two, and in the end, you know, the rights of the children, particularly as it relates to our obligation in charge as an institution, outweigh that of the employees.â€
Most of the employees involved in the lawsuit were allowed to return to their jobs in 2022 without receiving the vaccine. The group, which included teachers, substitutes, aides, safety officers and other support staff sued for three months of back pay along with other damages including emotional distress.
The bulk of the 43 employees previously reached settlements with the district ranging from $25,000 to $90,000 each.
The trial lasted 11 days, including 14 hours of deliberations before the jury reached a verdict Thursday against SLPS.
The 13 remaining employees in the case were awarded between $64,000 and $94,000 each for actual damages including back pay, and $230,000 each in punitive damages. The total judgment against the SLPS board from U.S. District Judge Stephen Clark was about $1 million in actual and $3 million in punitive damages.
Brandon said she was grateful for attorneys who took on the case including lead Kevin Kasper of Kasper Law Firm in St. Charles.
“The jury heard the evidence that was presented, and they saw that it was blatant discrimination,†Brandon said.
Byron Clemens, spokesman for AFT ºüÀêÊÓƵ, the union representing teachers and staff, delivers a letter of recommendations regarding the stress and working conditions for teachers and staff during the pandemic. Video by Hillary Levin
