Even if it’s not “long” COVID-19, it could be a disability under the ADA
In June 2020, Larisa, a certified nursing assistant, suffered from fatigue, brain fog, high blood pressure, cough, difficulty breathing, fever, and swollen eyes.
Larisa went to her doctor for a COVID-19 test, and self-isolated. Two days later, she learned the test was positive.
Larisa’s employer had a policy requiring a 14-day isolation period for positive employees, in keeping with Centers for Disease Control and Prevention (CDC) guidance at the time. Since the positive test came back on July 1, Larisa was to isolate until July 14.
Despite this, Larisa’s supervisor, Frank, called Larisa on July 7, telling her to come to work. Larisa indicated that she was still isolating and having symptoms and did not report to work. On July 10, Frank repeated the request, with the same response from Larisa. Frank made another request for Larisa to return to work on July 13, but again, she did not. She was fired that day — one day before the end of her 14-day isolation period.
The case
Larisa sued, arguing that she was fired in violation of the American’s with Disabilities Act (ADA). The court concluded that Larisa argued successfully that her COVID-19 symptoms substantially limited major life activities under the ADA.
In reviewing the matter, the court turned to related Equal Employment Opportunity Commission (EEOC) guidance, which identified COVID-19 as a physiological condition affecting one or more body systems; therefore, it could be an impairment under the ADA.
While asymptomatic persons or those with mild symptoms will not have an actual disability under the ADA, those with “sufficiently severe” impairments from COVID-19 might be covered even if those impairments are not long-term.
As a result of the court’s findings, the employer will need to continue to defend its actions, as it lost summary judgement. Its argument that Larisa did not have a disability did not convince the court.
The court explained its ruling well when it indicated that, “[t]he COVID-19 pandemic has ushered in a new wave of legal issues, not the least of which relate to the [ADA].”
Brown v. Roanoke Rehabilitation & Healthcare Center, E.D. Alabama, No. 3:21-cv-00590, February 22, 2022.