Change in Job-Sites for Non-Vaccinated Employee Was Not Discriminatory, Retaliatory,

Change in Job-Sites for Non-Vaccinated Employee Was Not Discriminatory, Retaliatory, Federal Judge Rules | ” }, “hasPart”: { “@type”: “WebPageElement”, “isAccessibleForFree”: “False”, “cssSelector” : “.paywall” } ]]]]]]]]>]]]]]]>]]]]>]]>

Gavel over Covid paperwork Credit: Mehaniq/Shutterstock


“Leggo is evidently upset that he has not been able to work the full extent as other M.C. Dean employees because by refusing to disclose his vaccination status, he has been deemed unvaccinated,” Brinkema wrote. “[H]owever, the pleadings filed by plaintiff make clear that M.C. Dean’s COVID-19 policy was a response to the vaccination and testing requirements of its customers given the ongoing pandemic, and his claims that M.C. Dean discriminated or retaliated against him on a perceived disability are therefore implausible and conclusory.”

February 10, 2023 at 04:52 PM

4 minute read

Marianna Wharry


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What You Need to Know

  • Leggo claimed that although he still remained employed with M.C. Dean, his inability to work on government-designated sites has caused his duties to decrease by two-thirds because he was unvaccinated.
  • Leggo still remains employed with M.C. Dean.
  • Leggo’s retaliation claim also failed because he admitted to having suffered no impact to his salary, the judge held.

A design-build company’s motion to dismiss an employee’s claims of discrimination and harassment for not submitting his COVID-19 vaccination status was granted Monday after a federal judge determined his claims were unfounded.

U.S. District Judge Leonie M. Brinkema for the Eastern District of Virginia dismissed the complaint with prejudice Feb. 7. In an amended complaint, pro se plaintiff Jonathan Leggo’s alleged that M.C. Dean discriminated and retaliated against him for a perceived disability because he failed to comply with the Virginia-based company’s COVID-19 vaccination-status policy.

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