Pacific Justice Institute Takes on Amtrack

Pacific Justice Institute (PJI) has been retained by numerous Amtrak employees after Amtrak announced that its employees must receive a COVID-19 vaccine or face unpaid leave. As many as 1,000 Amtrak employees submitted requests for religious accommodation regarding the COVID-19 vaccine. In “granting” some of the requests, Amtrak has stated that these employees with religious objections, starting January 4, 2022, will be placed on unpaid leave for ninety days and that the employees cannot seek other employment during that time.

Amtrak is required by law to show that mandating the vaccine is the “least restrictive means” of achieving its desired “safety” goals. There are many other ways in which Amtrak could protect its workforce from and prevent the spread of COVID-19, including mask wearing, social distancing, testing for antibodies, or COVID-19 testing. Even the recent federal order regarding vaccine mandates for private employers contemplates testing as a viable option.

PJI represents Amtrak employees who have worked safely and followed COVID-19 safety protocols for well over twenty months since the start of the COVID-19 outbreak. No evidence suggests that continuing in this work environment will place other employees or passengers at a higher risk. The risk is potentially much lower now because, as stated by Amtrak CEO William J. Flynn, 88.2 percent of Amtrak workers are already fully vaccinated.

Amtrak employees with granted medical accommodations are permitted to remain working on-site in their current positions, yet it appears that none of the employees with granted religious accommodations are allowed to remain in the workplace.

"Amtrak is treating its employees who have requested a religious accommodation differently than those employees who have requested a medical accommodation," stated PJI President Brad Dacus. "An 'accommodation' of indefinite unpaid leave, or basically being fired, is wholly unreasonable and unacceptable. We cannot stand idly by and watch strong people of faith have their religious rights deprived." stated PJI President Brad Dacus.