Former Montebello detective sues city, alleging gender discrimination in vaccine exemptions
A Montebello man has filed a civil suit against the city for violating his civil rights and discriminated against him on the basis of gender and sexual orientation in his claim that he has sought a vaccine exemption despite the fact that he is in a same-sex relationship with his same-sex partner.
On Thursday, July 30, the city filed a motion to dismiss the lawsuit, contending that it has failed to show that it violated the man’s civil rights, according to documents obtained by the San Gabriel Valley Tribune.
According to the documents, the plaintiff’s claim is based on his request for vaccine exemptions from the city’s Vaccine Adverse Event Reporting Program (VAC) which he filed with the city in 2013. The plaintiff was a deputy in the Montebello Police Department, where he was assigned to the detective division, and had been employed there since June 2013.
The city contends that, according to the city’s written policy regarding exemptions, they are only available to persons who have been vaccinated by the Centers for Disease Control and Prevention (CDC) approved vaccines. Since the plaintiff has filed an exemption claim with the city, he has not been vaccinated by the vaccines approved by the CDC
The City’s motion states that the claim was denied and the denial was based on the fact that the plaintiff had not vaccinated the flu vaccine in 2013.
He applied for an exemption but was turned down because he had failed to report on his medical history with the city and for the vaccine to protect against the flu.
He appealed the decision and it went to an impartial hearing officer, who determined that the plaintiff’s testimony was not credible and the decision was upheld. Despite this, the city moved the case to an administrative law judge who then held a formal hearing, where he upheld the decision. The city’s filing asks the court to dismiss the case on the grounds that it has no jurisdiction over the matter.