Michael Browder Jr. sued the city for $8.3 million after officials rejected a religious exemption request and placed him on unpaid administrative leave.
By Chris Van Buskirk Source masslive.com (TNS) Distributed by Tribune Content Agency, LLC.
A Muslim former firefighter in Boston has sued the city Tuesday for $8.3 million after officials rejected a religious exemption request for COVID-19 testing and vaccination policies in 2021 and placed him on unpaid administrative leave for non-compliance, according to a lawsuit filed in Suffolk County Superior Court.
Michael Browder Jr. filed the suit, which accuses city officials of treating him differently than his non-Black colleagues, embarrassing him, creating personal hardship and affecting his chances for a firefighting job in New Hampshire. A string of people have sued the city as a result of COVID-era vaccination rules.
“As a result of Defendant’s actions, Plaintiff has suffered great financial and emotional distress,” the lawsuit said. “The Defendant’s decision regarding disciplinary action embarrassed the Plaintiff and was made publicly in front of all his colleagues at the Fire House.”
A spokesperson for the city of Boston did not immediately respond to a request for comment Wednesday morning.
In the lawsuit, Browder said he submitted a religious exemption in September 2021 to be exempt from COVID-19 policies “due to his sincerely held religious beliefs.”
The city’s policy at the time allowed employees to be tested for or vaccinated against the virus as a condition of their employment. The former firefighter said he did not receive a response until he initiated a follow-up with the city.
He offered, according to the lawsuit, to complete a self-monitoring form each morning and night while on duty, take his temperature before completing the form, and use a face covering and other personal protective equipment while on duty.
Days later, on Oct. 7, 2021, city officials responded to the follow-up saying they needed more information, court documents said.
And on Oct. 27, 2021, Browder said he was placed “on unpaid administrative leave for allegedly being non-compliant with the testing policy, despite Defendant failing to rule on Plaintiff’s request for religious exemption.”
“On Oct. 29, 2021, Defendant denied Plaintiff’s request for religious exemption and advised Plaintiff that he was being placed on unpaid administrative leave retroactive to Oct. 27, 2021,” the lawsuit said, a decision that Browder appealed a few days later.
Browder was fired from his position in October 2021, and he alleges he was the only Black firefighter employed by the city “who was disciplined by the subject policies.”
“Once a significant number of non-Black employees were facing disciplinary action under said policies, Defendant issued extensions to compliance for said non-Black employees while continuing to imprison Plaintiff in the purgatory of unpaid administrative leave,” the lawsuit said. “Effectively, Plaintiff had no trust or confidence that he would be treated fairly or justly because the Defendant failed to follow protocol and made disparaging remarks about him.”
Boston officials later changed COVID-19 policies to allow employees to verify their vaccination status by Jan. 15.
In the lawsuit, he accused a union official of openly ridiculing him for his religious beliefs via email with city officials.
Browder said he has tried to find other jobs, even applying to a New Hampshire fire investigator position in early August.
He said he passed physical fitness and written tests, advanced to a three-member oral board, and was notified that he would meet with the agency directors.
“After the interview with the agency directors, Plaintiff then received an email from the Deputy Fire Marshal advising that it had been decided that he would not be continuing in the hiring process,” the lawsuit said. “Plaintiff believes that he was rejected by the NH Fire Marshal’s Office because of Defendant’s disparagement.”