Takeaway: While an employee experiencing mild symptoms of COVID-19 did not have a disability under California's Fair Employment and Housing Act, an employee experiencing more severe symptoms or long COVID-19 might be protected under the law.

An employee with mild COVID-19 who was fired after she came to work while she was feeling ill, in violation of company rules, could not go forward with her lawsuit under California's Fair Employment and Housing Act (FEHA), a federal court in California ruled. The employee did not have a disability and was not regarded as having a disability, and so was not protected under FEHA, according to the court.

The employee began working for the employer in 2018. By 2020, she had been promoted to the position of management associate. During 2020, she and other employees rotated responsibility for conducting COVID-19-targeted screenings for employees entering the workplace. To perform these screenings, the employees received training on COVID-19-safe policies and how to screen employees for COVID-19-related symptoms.

The employee understood that it was her responsibility to know and adhere to the protocols, one of which was that employees showing recognized indications of COVID-19 not be admitted to company facilities. Recognized indications of COVID-19 included feeling unwell and experiencing a cough or shortness of breath.

An employee who was sent home because of answering "yes" to any of the screening questions could return to work after seven...

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