Former Allegheny County Police officer sues over being denied religious exemption to vaccine mandate

A former Allegheny County Police officer who describes himself as a devout Catholic claimed in a federal lawsuit Monday that his employers discriminated against him by failing to grant him a religious exemption for the covid-19 vaccine mandate.

The lawsuit, filed by Ronald J. Gaudelli, comes on the heels of a decision by a hearing examiner with the Pennsylvania Labor Relations Board upholding the county’s vaccine mandate, finding that it did not violate the police union’s collective bargaining agreement.

“I find that this is a permissible managerial responsibility as the concerns of the county are far wider in scope than the isolated context of a bargaining unit member’s working conditions,” wrote hearing examiner Stephen A. Helmerich.

“The county has also shown its vaccine policy is aimed at ensuring that the county can continue to provide critical services by making sure it has adequate staffing,” Helmerich added. “The county needs healthy employees showing up to work to maintain the effectiveness of its vital programs, including the police department.”

Challenges to the county’s vaccine mandate came almost immediately upon its announcement by County Executive Rich Fitzgerald in September 2021. In particular, unions representing officers at Allegheny County Police Department and Allegheny County Jail filed federal lawsuits challenging the mandate, which covered approximately 5,000 employees — including those at Kane Senior Living facilities and the departments of parks, economic development, health and human services.

The federal lawsuit was put on hold for the matter to be adjudicated by the state Labor Relations Board. Helmerich held hearings via video conference over four days in February and March before issuing his opinion in September.

According to Helmerich’s findings, the county received 215 exemption requests, with the vast majority stating religious reasons. As of the Feb. 23 hearing date, none of the religious exemptions had been granted, and the county granted only one or two medical exemptions, Helmerich wrote.

The county police department has about 217 employees, four of whom did not comply with the vaccine mandate and were fired.

Gaudelli was one of them. He was hired by the county police in July 2000 and terminated last Dec. 30.

The lawsuit Gaudelli filed Monday said he has a “sincerely held religious objection” to receiving any of the then-available covid-19 vaccines because of their connection with cell lines of aborted fetuses “whether in the vaccines’ origination, production, development, testing or other inputs.”

“A fundamental component of Gaudelli’s sincerely held religious beliefs is that all life is sacred from the moment of conception to natural death, and that abortion is a grave sin against God and the murder of an innocent life,” the lawsuit said.

Because of that, the lawsuit said, Gaudelli believes it is an affront to use any product derived from or connected in any way with abortion.

The county declined to comment on the pending litigation.

The lawsuit, which cited various Bible passages to illustrate Gaudelli’s position, alleges that the Moderna and Pfizer vaccines have their origins in research and testing on aborted fetal cell lines, while the Johnson & Johnson vaccine used aborted fetal cell lines to produce and manufacture their vaccine.

Because all three of the vaccines had ties to aborted fetal cell lines, the lawsuit said, Gaudelli’s religious beliefs prohibited him from getting them “regardless of the perceived benefit or rationale.” He asked the county for a religious exemption on Oct. 15, 2021.

At the time, he was on active military duty, which concluded a month later. Upon his return, the lawsuit said the county’s mandatory policy required him to receive a covid-19 vaccine prior to Dec. 1.

Gaudelli said in his lawsuit that he had been assigned to Pittsburgh International Airport but planned to seek reassignment to South Park, where he said he would have little contact with the public.

Further, Gaudelli said that he provided medical verification that he had covid-19 antibodies, and said he would wear a mask while on-duty and submit to testing at any time requested.

“Gaudelli requested that the wearing of a mask and his consent to submit to covid-19 testing at any time be approved as a reasonable accommodation to receiving the covid-19 vaccines because of strongly held religious belief precluding the imposition of the vaccines,” the lawsuit said.

According to federal OSHA regulations, employers must make accommodations for sincerely held religious beliefs that are considered to be reasonable.

The lawsuit said the county refused to accommodate Gaudelli or offer any alternative solution and instead fired him. He is seeking reinstatement and compensation for lost wages.

The attorney representing the county police and jail unions is challenging the hearing examiner’s findings, with briefs due later this year.

Ronald Retsch said the unions’ appeal would first go to the Labor Relations Board and, if necessary, could be filed with Commonwealth Court.

He questioned the county’s rationale for the vaccine mandate — in particular, that it would keep staffing levels up and prevent the spread of the virus. Despite mandatory vaccination, there were still large numbers of officers who missed work because they were sick or exposed to covid-19, he said.

“If the goal was to stop the spread and keep people on the job, it didn’t work,” he said.