While mandates for vaccinations against COVID-19 may be in the rearview mirror for most employers, some employees who were fired for declining to get vaccinated when such requirements were proliferating are now suing. One such lawsuit was filed recently against ESPN and its parent company, The Walt Disney Co.

"We will likely see a wide divergence of how courts view these cases, depending on the judge and the jurisdiction," said Fiona Ong, an attorney with Shawe Rosenthal in Baltimore.

So far, "[o]utright challenges to vaccine mandates as a concept have seen little to no success," said Michael Elkins, an attorney with MLE Law in Fort Lauderdale, Fla. "Religious and disability accommodation challenges are entirely dependent on the specific facts of each claim."

Lawsuit Against ESPN

A former producer at ESPN, who had worked for the company for over 30 years, was one of the plaintiffs in the recent lawsuit. A former reporter also sued.

The producer claimed that when she was informed in 2021 that she was required to receive a vaccination against COVID-19, she objected, stating that she had strong religious beliefs that prohibited her from getting vaccinated. She shared other concerns but noted that her opposition was "most importantly" based on her religious convictions.

When she met with HR and expressed her religious objections, the HR professional allegedly said, "Maybe God has led you to a new career. When God closes a door, he opens another."

The producer later informed...

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