Encinitas settles former employee’s COVID-19 vaccine lawsuit

ENCINITAS — The City of Encinitas has agreed to pay $100,000 to settle a federal civil rights lawsuit filed by a former employee, who claimed he was forced to resign in 2021 after the city denied his request for a religious exemption to its mandatory COVID-19 vaccination policy.

The settlement, finalized earlier this month, ends a two-year court battle between the city and Scott Vurbeff, a former city environmental project manager, who filed a lawsuit in U.S. District Court for the Southern District of California alleging religious discrimination and retaliation.

Vurbeff was fired after more than 20 years of employment following the city’s implementation of a policy requiring all employees to be fully vaccinated for COVID-19. According to the complaint, Vurbeff alleged the city violated his constitutional rights by refusing to accommodate his Christian beliefs opposing vaccination.

The payment represents only a fraction of what Vurbeff said he was owed for lost wages and benefits following his departure, court documents show.

Vurbeff’s attorneys, Justin Reden and Collin Cresap of Reden and Riddell law firm in San Diego, confirmed the case was closed but declined to comment further. A city spokesperson said “the city does not comment on ongoing litigation,” and its attorneys at Burke, Williams & Sorensen did not immediately respond to requests for comment.

According to the court filings, Vurbeff worked as a city employee at the onset of the COVID-19 pandemic. In June 2021, Encinitas required all employees to either show proof of vaccination or wear a mask.

Two days after the FDA approved the COVID-19 vaccine, then-City Manager Pamela Antil implemented an administrative policy on Aug. 25, 2021, establishing workplace protocols requiring all city employees to get vaccinated or present weekly negative tests.

The policy also stated vaccinations would become mandatory, requiring all union and non-union employees to submit proof of their first COVID-19 vaccine dose within 45 days of FDA approval, or Oct. 7, 2021. Documents show that full vaccination and all recommended boosters were required for all employees (current and prospective), volunteers and contractors at city facilities.

The policy, known as Administrative Policy P048, was later rescinded in April 2023 after pandemic restrictions were lifted.

In his lawsuit, Vurbeff argued the city “categorically denied” all religious exemption requests while allowing other exceptions. Further, Vurbeff said he was pressured to resign under threat of termination.

City attorneys denied the allegations. In an April 28 court filing, they said Vurbeff had “knowingly lied” by claiming to have already been vaccinated before later requesting an exemption. The city said it offered him the option to resign rather than be fired, insisting its policy was lawful and aimed at protecting public health.

U.S. District Judge Andrew G. Schopler tentatively sided with the city at a March 11 hearing, finding that unvaccinated employees do not constitute a protected class and that the city’s policy was rationally based. However, the judge allowed Vurbeff to amend and resubmit his complaint.

Court records show the parties later reached a $100,000 settlement, closing the case without a trial.

Vurbeff’s lawsuit prompted several former city employees to come forward, including a former assistant city manager, who said their faith-based exemption requests were also denied, leaving them unemployed, in early retirement, or facing difficult job searches.

According to former employees and city emails obtained by The Coast News, most of the religious exemption requests to the city’s vaccine requirement were denied.