A California court has upheld the termination of police officer Jonathan Cruz by the City of Hermosa Beach after he failed to comply with a COVID-19 vaccination requirement. The ruling, issued by the California Court of Appeal on October 15, 2026, affects public safety officers and sets a precedent regarding vaccination mandates in the workplace.
The case, Cruz v. City of Hermosa Beach (B343086), began when the Hermosa Beach City Council implemented a policy requiring all city employees to be vaccinated against COVID-19. Cruz, who had been employed by the city since 2009, requested a religious exemption from the vaccination requirement. His request was denied, leading to his termination for failing to provide proof of vaccination.
The dispute arose after Cruz filed a lawsuit against the city, claiming his termination violated the Public Safety Officers Procedural Bill of Rights Act (POBRA) and constituted unlawful retaliation under California labor laws. The city argued that POBRA did not apply to Cruz’s case, as his termination was not punitive but rather a consequence of failing to meet employment qualifications.
The court ruled in favor of the city, affirming the lower court's summary judgment which stated that POBRA did not apply to Cruz’s termination. The ruling clarified that the city’s vaccination policy was a legitimate employment requirement aimed at maintaining public safety.
The court's opinion noted, “POBRA does not specify what constitutes a ‘punitive action,’ we turn to extrinsic aids to discern the Legislature’s intent.” This decision highlights the distinction between employment qualifications and punitive actions that would fall under POBRA protections.
Judge Kim, along with Acting Presiding Judge Baker and Judge Moor, concurred with the ruling. The court emphasized that Cruz’s termination was a result of his non-compliance with a policy that sought to protect public health, rather than a disciplinary action related to his job performance.
The ruling has significant implications for public safety officers and other city employees regarding vaccination mandates. It establishes that employers can implement health and safety policies without violating employee rights under POBRA, as long as those policies do not involve punitive actions related to misconduct or poor performance.
Going forward, this decision may influence how other public agencies handle vaccination requirements and employee exemptions. It reinforces the authority of employers to enforce health-related policies, especially in the context of the ongoing pandemic.
Details were not available in the court filing regarding whether Cruz plans to appeal the ruling or if there are any related cases pending. However, this case serves as a critical reference point for future disputes involving employee rights and workplace health mandates.