As a Hertz management associate in National City, Michelle Roman’s responsibilities included screening employees for COVID-19 symptoms.
Hertz’s policy required that an employee who answered “yes” to any question about recognized symptoms be sent home. The employee could return to work if he or she was symptom-free seven days after the onset of symptoms or provided proof of a negative COVID-19 test result.
Hertz terminated Roman at the end of September for violating company policy by coming to work while experiencing COVID-19 symptoms. Roman sued. Judge Benitez quoted a regulation issued by the Department of Fair Employment & Housing that excluded from the definition of a disability under FEHA “mild conditions,” such as the common cold, the seasonal flu, and non-migraine headaches. From this, the judge concluded “When it presents with temporary symptoms akin to the common cold or seasonal flu, COVID-19 will fall outside the FEHA definition of ailments considered a disability. ...
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