The Times-Tribune: Former University of Scranton professor alleges he was fired for refusing to reveal COVID-19 vaccination status

By Terrie Morgan-Besecker

View Article at The Times-Tribune HERE

A former University of Scranton professor filed a federal lawsuit against the college, alleging he was fired for refusing to reveal if he received a COVID-19 vaccine.

Benjamin Bishop, Ph.D., who was employed in the computer sciences department, claims the university violated his employment contract and his constitutional rights when it fired him in May for violating a COVID-19 policy that dictated the conditions under which students and faculty could return to campus.

According to the suit, Bishop was fully vaccinated against COVID-19, but refused to disclose his status because he did not believe the university had the right to compel him to provide the information. He also had ethical concerns about the university’s COVID-19 policy.

The suit, filed by Berwick attorney Franklin Kepner Jr., seeks damages on eight counts, including breach of contract, wrongful termination, invasion of privacy and violations of Bishop’s due process rights and First Amendment right to free speech.

Bishop, who was a tenured professor, alleges the university engaged in a “flagrant disregard” for his constitutional rights in seeking to force him to reveal his status — an issue he says has become politically toxic.

“Vaccines have been politicized to a point where receiving or declining a vaccine has become a political act in the eyes of the public,” the suit says. “Being compelled into discussing one’s vaccine status is compelling that person to engage in political speech … in violation of the First Amendment.”

The suit further alleges Bishop’s contract said he could only be dismissed for cause, such as failing to uphold a high standard of integrity and professionalism or being deemed unfit. His decision to challenge the university’s policy was an exercise of his rights as an American citizen and does not meet that standard.

Bishop also challenges his termination hearing, alleging his due process rights were violated because he was not allowed to call witnesses or present any evidence.

In addition to the university, the suit names as defendants Jeffrey Gingerich, the university’s provost, and the Faculty Affairs Council, the union that represents university faculty members. Bishop alleges union officials did not adequately represent him at his termination hearing.

University spokesman Stan Zygmunt said the university does not comment on pending litigation.