Thomas More Society Seeks Reinstatement and Compensatory and Punitive Damages

A 15-year employee of a state-operated group home and his Thomas More Society attorneys contend that the facility violated the New Jersey Law Against Discrimination after he was fired for refusing to receive the controversial COVID-19 vaccine because of religious objections. In a November 3, 2022, lawsuit filed in the Superior Court of New Jersey Cumberland County, Kuan Bowleg, alleges that Woodbine Developmental Center failed to accommodate his sincerely held religious beliefs and wrongly terminated his employment.

Bowleg had worked at Woodbine, which serves men with developmental disorders, since 2007, but was terminated in late March 2022 from his position as habilitation plan coordinator after he was denied a religious exemption to the vaccine. He had already contracted COVID twice but recovered both times and returned to work after quarantining at home and was confirmed through antibody testing to have acquired natural immunity. Bowleg had previously been granted religious exemptions from receiving the flu vaccine due to his religious opposition to vaccinations. He is seeking reinstatement, as well as compensatory and punitive damages.

Christopher Ferrara, special counsel for the Thomas More Society, explained that Bowleg worked throughout the pandemic up until he was terminated while masking, wearing latex gloves and undergoing regular COVID-19 testing. That accommodation was suddenly revoked long after it became apparent that COVID-19 vaccines do not prevent infection or transmission of the virus and that fully vaccinated Woodbine employees had contracted and spread the virus.

“This is just another case of diehard bureaucrats continuing to impose their arbitrary will,” said Ferrara. “It no longer makes any sense to force State employees to be vaccinated when the vaccinated themselves are contracting and spreading COVID,” said Ferrara. “This has nothing to do with public health. The only principle at work here is ‘The Government Says, and You Must Obey.’”

After faithfully serving Woodbine Developmental Center for 15 years, Mr. Bowleg was told that accommodating his request for a religious exemption would pose an undue hardship on the center and its residents. “Nonsense,” said Ferrara. “That claim is just a pretext, because Kuan had already been accommodated for two years, had acquired natural immunity and worked alone in an office with very little contact with residents.”

Ferrara noted that at least 10 Woodbine employees had received medical exemptions from the COVID-19 vaccine. “That further demonstrates that Woodbine’s claim of undue hardship and harm to residents was a sham, because requests for religious exemptions were routinely denied even though religious exemptions pose no greater ‘risk’ of transmitting the virus than medical exemptions, and the vaccines don’t prevent transmission in the first place.”

The Complaint alleges that Woodbine’s refusal to grant Mr. Bowleg a religious exemption was not only discriminatory and irrational but showed reckless disregard for his right under the New Jersey Law Against Discrimination to be free from religious prejudice in the workplace. The Complaint seeks punitive damages as well as compensatory damages.

Read the Complaint filed November 3, 2022 in the Superior Court of New Jersey Cumberland County Law Division by Thomas More Society attorneys in Kuan Bowleg v New Jersey Department of Human Services, Department of Human Services Division of Developmental Services, Woodbine Developmental Center et al here.