A federal judge has ruled that former Washington State football coach Nick Rolovich cannot sue Washington State Governor Jay Inslee or Washington State University Athletic Director Pat Chun in connection with his firing in 2021.
Rolovich and four of his assistant coaches found themselves out of a job for failing to comply with a mandate requiring Washington State employees and educational employees to receive the coronavirus vaccine.
Nick Rolovich, head coach of the Washington State Cougars, adjusts his mask during their game against the Utah Utes on December 19, 2020, at Rice Eccles Stadium in Salt Lake City, Utah. (Chris Gardner/Getty Images)
Inslee’s edict required state agencies to prohibit employees from working if they haven’t been fully vaccinated by October 18, 2021.
Rolovich appealed the rule on religious grounds, but the judge ruled against the former coach on the grounds that he did not claim any religious beliefs prior to learning that he could be fired for not getting vaccinated.
In his decision, Justice Thomas O. Rice ruled that terminating state employees for failure to comply with vaccine mandates is “a permissible employment action.”
“This Court and many others around the country have consistently found COVID-19 vaccine mandates for state employees are facially neutral and generally applicable, and terminating an employee for failing to comply with a vaccine mandate is a permissible employment action,” Rice wrote.
As for Washington State’s contention that the school would have shouldered a serious financial burden by having to accommodate an unvaccinated football coach, in addition to suffering damage to the school’s reputation, Justice Rice said he would need to see proof of that.
Rolovich’s suit against the school on the grounds of state wage law violations, breach of contract, and religious discrimination, will go forward.
Rolovich did not protest the removal of Inslee or Chun from his suit.