NYC Workers Fired for COVID Vaccine Refusal Still Barred From Jobs

Open letter calls on Religious Liberty Commission to address ongoing discrimination against unvaccinated city employees

Mar. 13, 2026 at 11:08am

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Michael Kane, director of advocacy at Children's Health Defense and founder of Teachers for Choice, has submitted an open letter to the Religious Liberty Commission (RLC) highlighting the continued plight of New York City employees who were fired for refusing the COVID-19 vaccine due to religious beliefs. Despite a 'right to return' policy announced in 2025, the city is still requiring these workers to sign away their legal rights before being allowed to return to their jobs, effectively denying them the ability to challenge the initial vaccine mandates.

Why it matters

This case illustrates the ongoing tension between individual religious freedoms and government vaccine requirements, with the city's actions potentially violating the constitutional rights of its employees. The situation has left many skilled public workers, including teachers, firefighters, and sanitation workers, struggling to regain their livelihoods years after being terminated.

The details

In September 2021, Michael Kane, a special education teacher with over 14 years of experience in NYC, submitted a religious exemption to the COVID-19 vaccine mandate. His exemption was denied, and he was removed from his job the following month for refusing to get the shot. Kane was officially fired by the city in February 2022 and has been suing in the courts ever since, even after a court ordered his reinstatement. In November 2025, former Mayor Eric Adams implemented a 'right to return' policy for fired unvaccinated workers. However, the city is still requiring these workers to sign a legal waiver before returning, which means they would forfeit their right to sue the city over the initial vaccine mandate. The current mayor, Zohran Mamdani, has refused to send the rule change to the Civil Service Commission in Albany, which would be the final step to allow hundreds or thousands of unvaccinated workers to return to their jobs.

  • In September 2021, Kane submitted a religious exemption to the COVID-19 vaccine mandate.
  • In October 2021, Kane's exemption was denied, and he was removed from his job.
  • In February 2022, Kane was officially fired by the city.
  • In November 2025, former Mayor Eric Adams implemented a 'right to return' policy for fired unvaccinated workers.
  • In November 2025, a rule change meeting was held virtually via Zoom, but the current mayor has not sent the rule change to the Civil Service Commission for final approval.

The players

Michael Kane

The director of advocacy at Children's Health Defense and the founder of Teachers for Choice, who helped organize a peaceful worker resistance movement in NYC fighting against COVID-19 vaccine mandates.

Eric Adams

The former mayor of New York City who implemented the 'right to return' policy for fired unvaccinated workers in November 2025.

Zohran Mamdani

The current mayor of New York City who has refused to send the rule change to the Civil Service Commission, which would allow hundreds or thousands of unvaccinated workers to return to their jobs.

Religious Liberty Commission (RLC)

A commission meeting on March 16, 2026, in Washington, D.C., to focus on religious freedom and healthcare.

Children's Health Defense

An organization that has been a major supporter of the worker resistance movement, helping to fund and back multiple ongoing lawsuits related to the denial of religious accommodations.

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What they’re saying

“Even after a court ordered that I return to my position as a teacher I was never actually allowed to return to my job.”

— Michael Kane, Director of Advocacy, Children's Health Defense (substack.com)

“Today I know teachers with masters degrees driving Uber today. I know fire fighters and kitchen workers who were made homeless by the illegal implementation of vaccine mandates that denied religious accommodation in unconstitutional fashion.”

— Michael Kane, Director of Advocacy, Children's Health Defense (substack.com)

What’s next

The Religious Liberty Commission is expected to issue a report to President Trump and the Executive Branch with recommendations based on the testimony and information gathered during their meeting on March 16, 2026.

The takeaway

This case highlights the ongoing struggle between individual religious freedoms and government vaccine mandates, with many public sector workers still facing discrimination and barriers to returning to their jobs years after being terminated for refusing the COVID-19 vaccine on religious grounds. The situation underscores the need for policymakers to find a balanced approach that respects both public health and constitutional rights.