After the mandate was announced in August 2021, nearly a quarter of the agency’s 192 firefighters requested exemptions.
SEATTLE — A federal appeals court has upheld a ruling against Snohomish Regional Fire and Rescue employees who sued over Washington’s 2021 COVID-19 vaccine mandate.
In a decision released Tuesday, the Ninth Circuit affirmed a lower court’s finding that the agency could not reasonably accommodate eight firefighters who sought religious exemptions without creating an undue hardship during the pandemic.
The firefighters alleged violations of Title VII of the Civil Rights Act and Washington’s anti-discrimination law after Snohomish Fire required vaccination under then-Gov. Jay Inslee’s emergency proclamation.
After the mandate was announced in August 2021, nearly a quarter of the agency’s 192 firefighters requested exemptions. Officials cited risks of staffing shortages, service disruptions, liability exposure and potential loss of contracts if unvaccinated employees remained in frontline roles.
Medical evidence also showed that masking, testing and distancing could not adequately prevent the spread of COVID-19 in firefighting and emergency medical work. The court referenced the high volume of medical emergencies that involve firefighters and EMTs. In 2021 alone, SRFR responded to 18,000 emergency calls, 85% of which were calls for emergency medical services. During that year, SRFR transported 6,866 persons to area hospitals.
Snohomish Fire later negotiated an agreement with the firefighters’ union that allowed employees to use accrued paid leave, take up to a year of unpaid leave, and remain on a priority rehire list. The requirement was lifted in May 2022, and at least four of the plaintiffs returned to work, according to court documents.
The lawsuit, filed later that year, argued unpaid leave was not a lawful accommodation. But the appeals court sided with Snohomish Fire, concluding that any alternative arrangement would have imposed a substantial burden on its operations.
