Pennsylvania Should Face Vaccine-Incentive Bias Suit, Judge Says

Pennsylvania should be denied its motion for judgment on the pleadings in a lawsuit by an employee who says its Covid-19 paid leave incentive plan was discriminatory because it didn’t offer leave to those who didn’t receive the vaccine, a magistrate judge said.

It is disputed whether the paid leave incentive was a “requirement of employment” and whether Pennsylvania was required to provide Amy Waugman Ulery with an accommodation, Magistrate Judge Patricia L. Dodge said in her report and recommendation Tuesday. Discovery could reveal evidence regarding Ulery’s discrimination and hostile work environment claims, she said.

The US Supreme Court’s recent ...