TV star claims discrimination against ABC over COVID-19 vaccine mandate

Former General Hospital star, Ingo Rademacher, commenced a lawsuit on December 13, 2021, against the TV network ABC, claiming discrimination after his character was written off the show following his refusal to receive the COVID-19 vaccine.

Rademacher applied for an exemption from the network’s vaccine mandate for medical and religious reasons. After his application was denied, the actor commenced his claim for compensation on the basis of discrimination.

Many Canadians have found themselves in similar circumstances – having their applications for exemptions from vaccine mandates rejected by their employers – and are curious about whether they have been subject to discrimination and are entitled to compensation.

Accommodations and exemptions from mandatory vaccination policies in Canada

Most employees in Canada are not aware of how to protect their human rights regarding vaccines. However, Human Rights legislation can assist eligible employees subject to COVID-19 vaccine mandates imposed by their employers. Exemptions under these laws can, in the correct circumstances, be achieved for individuals with medical disabilities or religious/creed-based needs for accommodation.

Medical condition or disability

Employees who cannot become vaccinated due to a medical condition or disability should advise their employer of their need for accommodation. Applications for exemptions from mandatory vaccination policies should be supported with a medical note. Employees should speak with their doctor to determine whether this is possible.

Only a treating doctor can provide support for an employee’s exemption from a vaccination policy. A doctor’s note does not need to specify the employee’s medical condition, but it should confirm that there is a medical need for an exemption from vaccination.

Religious or spiritual beliefs

Similarly, employees who belong to religious or spiritual groups with doctrines prohibiting their members from receiving the vaccine may be entitled to exemptions or accommodations. Religious beliefs must be based on established practices that prevent individuals from receiving the vaccine.

An application for an exemption on this basis will be stronger if it is supported by a written opinion from an employee’s personal spiritual leader from a church, mosque, or other creed or faith-based organization. Exemptions on the basis of a personal belief are less likely to be accomplished compared to those grounded in established religious practices.

Compensation following a rejected application for an exemption

Despite the protections provided by Human Rights legislation, employers might deny an employee’s exemption application. These denials might constitute discrimination if they are not properly considered by the employer. In these cases, employees can be entitled to severance pay and other damages.

We welcome you to contact Samfiru Tumarkin LLP if you are considering applying for an exemption or if your application has been denied. As Canada’s most positively reviewed law firm, we can help you with the advice you need and the compensation you deserve.