A California federal court determined that mild, temporary symptoms of COVID-19 do not qualify as a disability under the Fair Employment and Housing Act (FEHA), granting summary judgment in favor of an employer.
Michelle Roman was a management associate at a Hertz location in National City. During 2020, she and other employees rotated responsibility for conducting COVID-targeted screenings for employees entering the workplace.
To perform the screenings, Roman received training on COVID-safe policies and how to screen employees for COVID-related symptoms, including feeling unwell and experiencing cough or shortness of breath. She understood that it was her responsibility to adhere to the protocols, one of which was not admitting employees with recognized indications of COVID-19 into company facilities.
On September 1, 2020, Roman woke up feeling fine but tired. She reported to work, although she began experiencing “super mild body aches” and felt “super tired” by the time she left. Her symptoms worsened after work, and she suffered from a headache that night.
Roman attributed these symptoms to her busy work schedule and strenuous workouts.
The next day, she felt the same fatigue but again thought the aches were related to her exercise. Despite feeling tired and suffering from pain in her hips and back that was “killing [her],” she worked her normal hours. She also took a COVID test.
Later that night, she texted her supervisor to say she had been feeling bad for two days,...
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