Cruz v. City of Hermosa Beach (CA2/5 B343086 part. pub. 10/15/26) COVID-19 | Religious Exemption – Employment Law Weekly

Cruz v. City of Hermosa Beach (CA2/5 B343086 part. pub. 10/15/26) COVID-19 | Religious Exemption

Defendants City of Hermosa Beach (the City) and the Hermosa Beach Police Department terminated plaintiff Jonathan Cruz from his employment after they implemented a COVID-19 vaccination requirement as an employment qualification and denied his request for a religious exemption.  Plaintiff sued defendants for violating the procedural provisions of the Public Safety Officers Procedural Bill of Rights Act (POBRA; Gov. Code, § 3300 et seq.) and for unlawful retaliation in violation of Labor Code section 1102.5 and the Fair Employment and Housing Act (FEHA; § 12900 et seq.).

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Defendants moved for summary judgment, asserting that POBRA did not apply to plaintiff’s termination.  Defendants also argued that plaintiff had failed to demonstrate a triable issue of material fact as to the existence of a causal link between plaintiff’s protected activity and the adverse employment action.  The trial court granted summary judgment.

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On appeal, plaintiff contends that the trial court erred because POBRA applied to his termination and he raised triable issues of material fact that defendants had a retaliatory motive when they terminated his employment.  We affirm.  In the published portion of this opinion, we conclude that POBRA does not apply to a vaccination requirement imposed on all employees as an employment qualification.

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https://www4.courts.ca.gov/opinions/documents/B343086.PDF

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