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Transit loses appeal of religious accommodation verdict in vaccine case - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2026 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Transit loses appeal of religious accommodation verdict in vaccine case by Louise Esola Coronavirus , Coverage Disputes , Workers Comp Coverage Sep 14, 2026 A federal appeals court Friday upheld a $7.8 million jury award to six former San Francisco Bay Area Rapid Transit District employees who lost their jobs after seeking religious accommodations from its COVID-19 vaccination requirement. In Tonya Lewis-Williams et al. v. San Francisco Bay Area Rapid Transit District , a unanimous three-judge panel of the 9th U.S. Circuit Court of Appeals said evidence supported the jury’s finding that BART failed to establish that accommodating the workers would impose an undue hardship under federal and California employment discrimination laws. BART adopted its vaccination policy in October 2021, requiring employees to be fully vaccinated by Dec. 13 unless they qualified for a medical or religious exemption. The agency found 70 employees eligible for potential religious accommodations but concluded it could accommodate none without undue hardship. Thirty-seven subsequently resigned, retired or were terminated, according to the ruling. After an initial jury deadlocked on BART’s undue hardship defense, six employees proceeded to a second trial in October 2024. Jurors rejected the defense and awarded $7.8 million. BART appealed after unsuccessfully seeking to overturn the verdict or obtain a new trial. The appeals court applied the U.S. Supreme Court’s 2023 decision in Groff v. DeJoy , involving a postal worker who sought Sundays off for religious reasons. That unanimous ruling rejected the widely used interpretation that employers could deny religious accommodations imposing more than a minimal cost. Employers must instead show “substantial increased costs in relation to the conduct of its particular business,” considering their size, resources and operations and the accommodation’s practical effects. Under that standard, BART could not establish undue hardship by showing that masking or other alternatives were less effective than vaccination. It had to show the additional risk was substantial in the context of its operations and the employees’ duties. The panel noted BART did not introduce the public health guidance it relied on or call the experts and officials consulted when developing its policy. Jurors were not required to accept litigation experts’ testimony as conclusive. The employees had limited close contact with others. A customer service clerk worked behind a bulletproof window and partitions, while a computer technician testified that 90% of his work could be performed alone or remotely. BART identified no evidence that the workers were unable or unwilling to wear masks or take precautions, supporting the jury’s finding that accommodating their religious objections would not impose an undue hardship. 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