PASADENA, CALIFORNIA - MAY 05: (L-R) Ingo Rademacher and Steve Burton onstage at the 46th annual Daytime Emmy Awards at Pasadena Civic Center on May 05, 2019 in Pasadena, California. (Photo by Alberto E. Rodriguez/Getty Images)
A Los Angeles Superior Court judge has denied ABC’s attempt to dismiss a wrongful termination case related to Covid-19 vaccination.
The lawsuit was filed by James Wahl and his son, Timothy Wahl, who were responsible for the construction and special effects department on ABC’s long-running daytime soap opera, General Hospital. The Wahls claim they were fired from their positions after refusing to receive the Covid-19 vaccine on religious grounds.
Judge Stephen Goorvitch‘s ruling on February 20 rejected ABC’s motion to dismiss, setting the stage for further proceedings.
ABC had questioned the sincerity of the Wahls’ religious objections to the Covid-19 vaccine. The network argued that due to the nature of their roles and the industry-wide restrictions in place at that moment in the pandemic, the Wahls could not be exempted from ABC’s strict vaccination policy.
The judge expressed doubt regarding ABC’s efforts to accommodate the Wahls and whether the network exaggerated the risk they posed to the cast and crew of General Hospital.
Goorvitch highlighted that the Wahls were near others for relatively short durations, always wore masks and underwent regular testing. Additionally, all individuals they interacted had been vaccinated. The judge noted that ABC’s evidence suggested the efficacy of vaccines, and raised the question of whether the Wahls presented an undue risk given these circumstances.
The issue of the prevalence of the highly contagious Delta variant in the fall of 2021 and the sufficiency of the Wahls’ measures and the cast and crew’s vaccinations was also deemed a matter for the jury to determine.
This lawsuit filed by former employees of General Hospital is part of a wider trend of post-pandemic litigation around Covid-19 vaccination policies between employers and employees. Previously, actor Ingo Rademacher had filed a similar lawsuit against General Hospital, but it was dismissed by Judge Goorvitch in June of last year due to the plaintiff’s refusal to engage in the investigative process.
As the case moves forward, the March 11 meeting between the parties will determine the trial date.
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