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One to Keep An Eye On: Williams v. Hostess Brands, LLC (U.S. District Court for the Middle District of Georgia)


As with many labor & employment law related cases (& bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


On December 8th, a lawsuit was filed in the U.S. District Court for the Middle District of Georgia, in which the claimant alleged that Hostess Brands violated the Americans with Disabilities Act (“ADA”) and Family Medical Leave Act (“FMLA”) following her positive coronavirus test and request for time off to quarantine.

The lawsuit alleges that on January 19th, the claimant began experiencing coronavirus symptoms.  She was subsequently sent home from work and instructed to stay away from the workplace for 10 days.  A few days later, the claimant notified Hostess of her positive coronavirus test.  On January 28th, while the claimant was still quarantining, she was terminated.

This alleged conduct could be found to be in violation of both the ADA and FMLA.  The claimant claims she was terminated because of her disability (as defined under the ADA), because of her positive coronavirus results.  The claimant also claims she was unlawfully terminated because of her request for an accommodation under the FMLA.

Now bear in mind that the Equal Employment Opportunity Commission has stipulated that simply testing positive for the coronavirus does not automatically make an employee disabled under the ADA.  Rather, an employer would be required to conduct an assessment to determine whether an employee’s testing positive for the coronavirus qualified as a disability under the ADA.  An employee could be considered disabled under the ADA if the positive coronavirus test involved the employee being physically or mentally impaired in so much that the employee was substantially limited in one or more major life activities.  Granted, this assessment would depend on each individual and it is possible that some individuals that test positive for the coronavirus could be considered disabled under the ADA while others are not.

At this stage, Hostess has yet to file a formal response.  However, this is certainly a case worth following as things play out further.


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