Former employee sues city of Seattle for retaliation over COVID-19 vaccine mandate process

A former Seattle city employee has filed a lawsuit against the city, alleging wrongful termination, religious discrimination, and retaliation after he was fired for refusing the COVID-19 vaccine despite receiving a religious exemption.

Brett J. Rogers, a former police officer for the Seattle Police Department (SPD) and operations manager for the Seattle Department of Transportation (SDOT), claims the city violated his constitutional rights by denying him due process and failing to accommodate his religious beliefs. In the lawsuit, filed in the U.S. District Court for the Western District of Washington, Rogers argues Seattle’s handling of vaccine exemptions unfairly targeted employees with religious objections and that, after he complained about the process, he faced retaliation.

“The City rescinded its vaccine mandate within 12 months of the date of Rogers’ termination, and Rogers’ position was still vacant,” the complaint states. “Had defendants performed job searches for employees with religious exemptions, Rogers could have, and should have, been reinstated.”

Allegations of religious discrimination

Rogers, who worked for the city for over 20 years, was granted a religious exemption from the vaccine requirement in October 2021, after going through the process twice. However, instead of allowing him to continue working remotely, as he had for months, the city ultimately fired him in April 2022.

According to the lawsuit, the city of Seattle routinely accommodated employees with medical exemptions but denied similar accommodations to those with religious exemptions.

“Defendants established a policy and practice where very few, if any, employees with religious exemptions would be accommodated, yet provided accommodations to employees with medical exemptions,” the lawsuit alleges.

A flawed process

Rogers contends that the city’s process for evaluating exemption requests was flawed from the start.

When he initially applied for a religious exemption, the city provisionally denied his request without asking follow-up questions, despite a policy that he thought was supposed to allow for an interactive process.

“The City apparently had established some sort of pre-determined and undisclosed criteria for evaluating exemption requests,” the lawsuit says.

Rogers says that when he complained about the process, city officials retaliated against him. He says that after he complained to then-Mayor Jenny Durkan and other officials in October 2021, he was excluded from key meetings and decision-making processes.

“Following that complaint, the City subjected Rogers to a series of adverse employment actions,” including stripping him of responsibilities and sidelining him from contract negotiations, the lawsuit alleges.

‘Pattern of retaliation’

Rogers argues his termination was part of a broader pattern of retaliation, alleging that the city deliberately avoided reinstating him even after lifting the vaccine mandate in early 2023.

He later discovered that his former position had been posted for hire just days before the mandate was rescinded, but he was never informed of the opportunity. When he inquired about returning to work, he was told only that “separated employees are able to apply for open positions.”

Beyond discrimination and retaliation, the lawsuit contends that Rogers’ firing violated his right to due process under the 14th Amendment. The complaint states that the Seattle Civil Service Commission (CSC) failed to provide him with a meaningful appeal, instead referring his case to the Seattle Office for Civil Rights (SOCR).

“During the nearly three years since the City terminated Rogers’ employment and 20 months since CSC referred Rogers’ appeal to SOCR, no administrative appeal hearing has been held,” the lawsuit contends.

Rogers seeks reinstatement or financial damages for lost wages, emotional distress and other costs. Rogers is also asking the court to declare Seattle’s civil service appeal process unconstitutional as applied to his case.

Seattle city officials did not respond to a request for comment. Rogers is represented by the Pasco-based Silent Majority Foundation via attorney and former Attorney General candidate Peter Serrano.

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