‘Common Cold’ Covid Not a Disability, Court Confirms.
Lawsuits relating to COVID-19 at work continue to spread like a virus, but a recent decision out of California confirms federal and state guidance that not every episode of the coronavirus triggers protections against disability discrimination.
In Roman v. Hertz Local Edition Corp., a Hertz employee claimed that her termination after catching Covid constituted disability discrimination under state law and the Americans with Disabilities Act (ADA).
The court rejected the claim citing state and federal regulations, including U.S. Equal Employment Opportunity Commission guidance that a person with “mild symptoms similar to the common cold or flu that resolve in a matter of weeks with no other consequences . . . will not be substantially limited in a major life activity for the purposes of the ADA.”
The employee could not even make out a “regarded as” disabled claim because she had no evidence that the employer viewed her as disabled just because she had mild Covid. Having Covid protocols – which she violated – to stop the spread of the virus did not mean that Hertz viewed her as disabled.
A tip for employers emerges from the case: Be sure not to issue communications or policies that describe COVID-19 as a disabling condition in every case. As we have all learned, such infections take many forms, from mild (most cases) to deadly. As with other health conditions, employers need to be careful to guard against stereotypes or prejudices, while at the same time protecting the health of their workforces and customers.