BART to pay $7.8 million to six former employees denied religious exemption for COVID vaccine

SAN JOSE, Calif. - BART now has to pay $7.8 million to six former employees after a jury found the company discriminated against them after they asked for a religious exemption to the COVID-19 vaccine.

Tonia Lewis-Williams says she was a utility worker at BART for 16 years. She says she was fired while on leave for not getting the COVID vaccine and now a jury says she and five others should be compensated.     

"I found out some other co-workers were in the same situation that I was in, and we just knew that wasn’t right," said Lewis-Williams. 

Lewis-Williams is one of six former BART employees awarded just over a million dollars each in their case against the transit agency. They say they were fired for not taking the COVID-19 vaccination and denied a religious exemption, all of whom say they are Christians. Jessica Barsotti is an attorney who worked on the case during trial.

"It’s not like they were demanding to be face-to-face with a million people. There were a lot of ways they could’ve handled it and accommodated their situation. What came out at trial was that the mandate had ended last year in September. So, for example, if they had been put on leave until it wasn’t there anymore or many things that could have been done," said Barsotti. 

In 2021, BART required all employees to get the COVID-19 vaccination or risk being fired. 

Still, on Wednesday, a jury decided the employees were denied religious accommodations that the company could’ve provided without burden. The nonprofit legal firm Pacific Justice Institute also represented the employees and released this statement saying in part: 

"The rail employees chose to lose their livelihood rather than deny their faith. That in itself shows the sincerity and depth of their convictions. After nearly three years of struggle, these essential workers feel they were heard and understood by the jury and are overjoyed and relieved by the verdict," said Chief Counsel Kevin Snider.

"My story is one of many. The plaintiffs in this case were all wronged by BART and this is a small victory for everyone terminated for religious or medical reasons," said Lewis-Williams. 

Lewis-Williams says that she loved working for BART and still wants her job back. KTVU reached out to BART for comment but didn’t hear back from them in time for this report.