WHITE PLAINS, N.Y. (Legal Newsline) - An NBA referee fired for refusing the COVID-19 vaccine has won nearly $3 million after filing a lawsuit.
New York federal judge J. Paul Oetken ruled for Kenneth Mauer in March, granting summary judgment to him on his claim against the National Basketball Association Referees' Pension Plan under the Employee Retirement Income Security Act.
Mauer sought a lump sum payment of his retirement benefits but the NBA said another lawsuit he filed months earlier creates a conflict with that request, as it could lead to his reinstatement.
"The Court sees no justification for treating the alleged uncertainty surrounding Mauer’s prospect of re-employment any differently than the uncertainty surrounding any former referee’s prospect of re-employment," Oetken wrote.
"Accepting Defendants’ reading would discourage employees like Mauer from bringing claims for wrongful termination, as the commencement of such a lawsuit would entitle Defendants to withhold a plaintiff’s pension benefits until the resolution of that lawsuit, which could take years to run its course."
On April 22, Oetken awarded Mauer 2.9 million, plus interest.
According to his lawsuit, Mauer became an NBA official in 1986. He alleges that during the 2021-2022 season, the defendants required all employees to be inoculated against COVID-19 and he was denied his religious exemption request.
Mauer further alleges he was suspended without pay or retirement benefits for the 2021-2022 season and was terminated in September of 2022.