Teacher Daphne Halkias has been barred from her own school despite winning a court order for her reinstatement after refusing the COVID-19 vaccine.
The Queen’s educator, who has 30 years of teaching experience, was fired last year for refusing the jab on religious grounds.
However, she was blocked from entering her school on Tuesday despite a judge’s ruling reinstating her, The New York Post reported.
The single mother of four won her court battle when Queens Supreme Court Justice Chereé Buggs ruled in her favor last month.
The court found the New York City Department of Education (DOE)d wrongfully denied Halkias’ request for a religious exemption from taking the vaccine, deeming the decision “arbitrary and capricious.”
On August 1, the judge ordered Halkias to be reinstated with back pay.
But when she arrived at PS-85 in Long Island City for teacher orientation, she was told that there was “nothing” for her at the school.
“I’m not a criminal, and yet they are making me feel like I’m breaking the law,” she said.
The principal reportedly told Halkias that she had received no instructions to reinstate her, and there was no position available for her at the school.
“I went today for work, and I was told that there was nothing for me,” Halkias told the Post on Tuesday.
“The principal said that she had no directions given to her about my case, there was no position for me, and I couldn’t get a time card because I’m not officially in the system.”
Halkias’ attorney, James Mermigis, expressed frustration over the DOE’s actions.
He said that there might be financial motives at play, , noting that Halkias was earning a substantial salary of $128,000, and was just six months away from reaching full retirement benefits
“They probably replaced her with someone making a minimum salary,” Mermigis speculated.
“She did everything the right way. … Now they are still turning their backs on her.”
This teachers only mistake was not being a friend to @NYCMayor Eric Adams because if she was she would still be unvaccinated & working like his many friends in NYC still are. The arbitrary & capricious mandate only applied to some. Full Article 👉 https://t.co/dNtG0RExmn pic.twitter.com/w7OHCix0QY
— John D. Macari Jr. 🇺🇸🗽 (@JohnDMacari) September 3, 2024
Mermigis revealed that he received several emails from a city lawyer instructing him to have Halkias vacate the school premises immediately.
“Please be advised that because your client is not an employee of the DOE, she will not be admitted into the school building,” read one email from Kathleen Linnane, a lawyer with the City Law Department.
Halkias’ legal team plans to file a contempt-of-court motion against the city, arguing the OE’s actions violate the court’s ruling
“This action by the city is not only a blatant violation of the court’s ruling but also a grave injustice to an educator who has already endured unwarranted hardship,” Mermigis said.
The DOE appealed against Justice Buggs’ ruling, triggering what the city’s Law Department claims is an automatic “stay” of the decision.
Nathaniel Styer, a DOE spokesperson, said the e city has “acted accordingly” and maintains that multiple courts have supported its process for evaluating religious exemption
