A group of three referees has sued the NBA for requiring the coronavirus vaccine as a condition of employment and refusing their religious exemption requests.
Kenny Mauer, Mark Ayotte, and Jason Phillips filed their suit Monday in a Manhattan federal court, saying that their religious exemption requests fell short of the leagues “high standard” for approval, Reuters reported.
Referee Mark Ayotte #56 looks on during the first half between the Miami Heat and the Minnesota Timberwolves at American Airlines Arena on February 26, 2020, in Miami, Florida. (Michael Reaves/Getty Images)
The three refs say their refusal to take the vaccine led to their suspensions during the 2021-22 season.
The trio also says that the league has refused to reinstate them despite dropping the vaccine requirement for the 2022-23 season.
“Had the NBA not taken upon itself to force faith-based conscientious objectors to adhere to secular norms, none of plaintiffs’ complained-of injuries would have manifested,” the filing states. “In sum: Plaintiffs were persecuted.”
NBA referee Ken Mauer at American Airlines Center on October 18, 2017, in Dallas, Texas. (Ronald Martinez/Getty Images)
The filing alleges that the NBA violated the federal civil rights and human rights laws of New York and New York City. In addition, they seek back pay, punitive damages for harm to their reputations, and compensation for pain and suffering.
The three also say they are long-time refs, not new hires. Mauer has worked for the league for 35 years, Phillips for 19, and Ayotte for 17.
The case is Ayotte v National Basketball Association et al, filed in the U.S. District Court, Southern District of New York, No. 22-09666.
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