Will California See the First Coronavirus Discrimination Lawsuit?

In recent news, an L.A. attorney announced she would be representing the plaintiff in the first U.S. coronavirus discrimination case. The plaintiff was employed at a California medical facility at the front desk. He claims that when the coronavirus pandemic made itself known several weeks back, doctors and nurses were provided with personal protective equipment (PPE). Still, workers at the front desk were not given PPE.

Unsafe Work Conditions & Wrongful Termination Amid Covid-19 Crisis:

While he was concerned about the lack of safety precautions, he continued checking patients in for care at the medical facility until the hospital discovered that a patient he interacted with later tested positive for coronavirus. Once it was determined that he was exposed, he was sent home, which was appropriate as a preventive measure at the hospital. What followed was not necessary or legal. The next day, he was fired.

Wrongful Termination Following Exposure to Coronavirus on the Job:

When the hospital fired him the day after notifying him that he was exposed to a patient that later tested positive for the virus and sending him home, he was shocked. Luckily, the law provides a means for him to seek justice through general disability laws.

General Disability Laws & Employees Discriminated Against Due to Coronavirus:

 The case will be argued based on general disability laws. Since disability refers to a condition or state that affects a primary life function (like breathing), and even if the effect is only felt for a few days, it qualifies as a disability under state law. The law prohibits employers from discriminating against their employees or harassing an employee because they have a disability.

Employee Terminated Due to Suspected Covid-19 Infection:

In this case, the employee was tested for Covid-19. While the test came back negative, the employer (who is still unnamed at this point), terminated him simply because people perceived him to be infected. Firing an employee because you perceive them to have a condition or disease is prohibited under California law. Similar arguments were seen 30 years ago when AIDS discrimination cases were prevalent, and employees who were perceived to have AIDS just because they were a gay man, and they were fired. This same theory will be back in court again, but this time, with Covid-19 rather than AIDS as the target of workplace discrimination.

Will the First Coronavirus Discrimination Case Go To Court?

While the case has not yet officially been filed, the plaintiff’s attorney did release that a letter was sent to the medical center to allow them the opportunity to make it right. The only response received was that since they’re in the middle of a crisis, they won’t be responding. Due to this non-response, the case appears to be headed to court.

The Covid-19 Crisis Does Not Negate the Law: Employees Still Have Rights

The counsel for the plaintiff in this soon-to-be case does concede that there is a crisis; she points out that it is a medical crisis – not a legal crisis. Furthermore, this is also a time of crisis for California workers. People are out of work. Families are struggling to pay their bills. And we can’t forget them. California employers cannot cast their people aside, break the law, and justify it by the fact that they’re too busy facing a crisis to deal with the consequences of their employment law violations. The law is still in place, crisis, or not. Employees still have rights and protections under the law.

If you need to discuss discrimination violations or if you need to file a discrimination lawsuit, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.