Claims Survive Dismissal In Employee’s Suit Alleging Firing After COVID-19 Test

Mealey's (September 17, 2021, 2:04 PM EDT) -- ALLENTOWN, Pa. — An employee who claims that she was fired after testing positive for COVID-19 and seeking leave under the Families First Coronavirus Response Act (FFCRA) may proceed with her federal and state claims, a federal judge in Pennsylvania ruled Sept. 16, denying the employer’s motion to dismiss claims brought under the Americans with Disabilities Act Amendments Act (ADAAA) and Pennsylvania Human Relations Act (PHRA) as the employee sufficiently alleged that she was regarded as having a disability and the employer failed to show that COVID-19 was “transitory and minor.”...