Bloomberg Law
Sept. 17, 2021, 7:23 PM

Covid-19 More Than ‘Minor'; Worker Advances Disability Bias Suit

Patrick Dorrian
Patrick Dorrian

A former employee at a residential facility for autistic individuals who was fired the same day she disclosed her positive Covid-19 test can pursue claims that her employer regarded her to be disabled, the Eastern District of Pennsylvania ruled.

Terrapin House Inc. failed to show Ninoshka Matias’ situation wasn’t covered by the Americans with Disabilities Act and Pennsylvania disability bias law because her condition was only transitory and minor, the court said.

Case law has “made clear that ‘transitory’ and ‘minor’ are separate criteria,” and an employer must show both to escape liability under that exception to the ADA, the ...