When she was hired by the Philadelphia district attorney's office, attorney Rachel Spivack submitted a request for a religious accommodation from the office's COVID-19 vaccine mandate. Her request included a letter from her rabbi and a completed form detailing the explanation and substantiation of her beliefs. While waiting on a decision, she complied with the office's requirement of wearing a double mask.
She took legal action in 2022, when District Attorney Lawrence Krasner (D) denied her request and ultimately fired her over it, even though the office's vaccination policy had a lot of loopholes in it.
"There was a person in the office that got a medical exemption; there were people who were not vaccinated because they were members of police unions and had exemptions through their collective bargaining agreement," notes First Liberty attorney Lea Patterson, who argued Spivack's case.
Since Krasner only denied all religious exemptions, Patterson says the only conclusion is that he is opposed to people of faith.
"There's … a lot of reason to believe that this was a discriminatory action because of our client's religious beliefs," the attorney says.
When Spivack sued for damages, a lower court initially ruled in the DA's favor without a trial, holding that his vaccine mandate – which explained that "requests would be individually assessed and collaboratively discussed on a case-by-case basis" – was neutral and generally applicable, thus subject to rational basis review.
But First Liberty appealed the case to the Third Circuit Court of Appeals, which ruled Monday that Spivack is entitled to a trial because Krasner's decision arose from religious hostility.
Patterson says the lesson for people of faith is to never stop fighting.
"No one should face religious discrimination at work," she insists. "No one should have to give up their job because they want to live out their religious beliefs."
A representative of Krasner's office declined to comment on the case, noting that it is still an "open matter."
It is unclear when this case may head back to court.
