In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose employment was terminated after she contracted COVID. Roman claimed that her job should have been protected by the California Fair Employment and Housing Act (FEHA) while she suffered from mild symptoms of COVID. Hertz terminated Roman’s employment after she came to work sick, which violated company policy. The Court held that because Roman’s COVID symptoms were mild and temporary, they did not qualify as a “disability” under FEHA. Therefore, FEHA did not protect Roman’s job from termination.
Roman worked as a manager for Hertz in National City, California. During 2020, Roman received training from the company about COVID protocols, including that employees showing signs of COVID should not be admitted into the workplace. Despite this training, Roman showed up at work for two days while experiencing mild symptoms of COVID, such as “super mild body aches,” fatigue, and pain in her hips and back that was “killing her.” Roman did not believe that her symptoms were sufficiently severe to be caused by COVID. Nevertheless, she took a COVID test to be sure.
The next day while at work, Roman learned that she had tested positive for COVID. She informed her manager of the news and was immediately sent home. After quarantining for two weeks, and receiving a negative...
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