Sharikov v. Philips Medical Systems MR, Inc.
103 F.4th 159
2d Cir.2024Background
- Roman Sharikov, formerly employed by Philips Medical Systems MR, Inc. (Philips), was terminated for refusing to comply with the company's COVID-19 safety policies, specifically the vaccination mandate.
- Philips, a federal contractor, implemented companywide COVID-19 mitigation measures in compliance with federal guidance and later as its own policy.
- Sharikov alleged discrimination under the Americans with Disabilities Act (ADA) on the basis that he was "regarded as" or had a "record of" a disability due to his vaccination status.
- He also claimed retaliation for objecting to these measures and for allegedly being harassed and denied support for his work visa.
- The district court dismissed Sharikov's claims, holding he failed to plausibly allege he was perceived as disabled or retaliated against for protected activity under the ADA.
- Sharikov appealed, proceeding pro se.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA Discrimination—"Regarded as" | Employer regarded him as disabled for being unvaccinated | Policies were neutral, applied to all employees | No plausible claim—policy did not single out plaintiff |
| ADA Discrimination—"Record of" | Employer made a record of his (alleged) impairment via status | Tracking vaccination status is not classifying as disabled | No plausible claim—no record or classification as disabled |
| ADA Retaliation | Termination was because of protected ADA complaints and activity | Discharge was for violating policy, enacted before complaints | No plausible claim—no causal link between complaints and firing |
| Motion to Amend | Sought to amend complaint to bolster claims | Amendment would be futile | Denied as futile |
Key Cases Cited
- Zucht v. King, 260 U.S. 174 (U.S. 1922) (upholds compulsory vaccination laws)
- Jacobson v. Massachusetts, 197 U.S. 11 (U.S. 1905) (upholds state vaccine mandates as constitutional)
- Phillips v. City of New York, 775 F.3d 538 (2d Cir. 2015) (affirms dismissal of challenge to mandatory vaccination for public school students)
- We the Patriots USA, Inc. v. Hochul, 17 F.4th 266 (2d Cir. 2021) (per curiam) (upholds vaccine requirement against constitutional challenge without religious exemption)
- Goe v. Zucker, 43 F.4th 19 (2d Cir. 2022) (upholds limits on vaccine exemptions)
- We the Patriots USA, Inc. v. Conn. Off. of Early Childhood Dev., 76 F.4th 130 (2d Cir. 2023) (discusses and affirms dismissal of constitutional challenges to vaccine mandates)