As a Hertz management associate in National City, Michelle Roman’s responsibilities included screening employees for COVID-19 symptoms. Hertz’s policy required that an employee who answered “yes” to any question about recognized symptoms be sent home. The employee could return to work if he or she was symptom-free seven days after the onset of symptoms or provided proof of a negative COVID-19 test result.

The afternoon of Sept. 1, 2020, a workday, Roman started experiencing what she called “super mild body aches.” She also felt “super tired” when she left work. Roman attributed these symptoms to a busy work schedule and strenuous workouts, not COVID-19. To be certain, she scheduled a COVID-19 test for the next day, Sept. 2. When she reported to work that day, a colleague confirmed her temperature was normal.

Roman stayed home the next day because she was not feeling well, but was still convinced her symptoms were not bad enough to indicate she had COVID-19. On Sept. 4, Roman came to work, though she still had a headache. At 10 a.m., Roman learned she had tested positive for COVID-19. Roman reported the test result to Hertz’s human resources office. Roman was quarantined at home with pay from Sept. 4 until Sept. 18, when she took another COVID-19 test that was negative.

Hertz terminated Roman at the end of September for violating company policy by coming to work while experiencing COVID-19 symptoms. Roman sued.

Was Roman’s COVID-19 infection, without severe symptoms, a...

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