LUCIOUS BROWN, Plaintiff, v. ROANOKE REHABILITATION & HEALTHCARE CENTER, et al., Defendants., 586 F. Supp. 3d 1171

Summary

HOLDINGS: [1]-In a case filed under ADA, after plaintiff was terminated for failing to report for work while she was in the 13th day of her 14-day COVID-19 isolation, defendants' Fed. R. Civ. P. 12(b)(6) motion to dismiss ADA claim was not allowed because plaintiff had sufficiently alleged that she had an actual disability under the broad construction of that term required by the ADA. Plaintiff gave specificity to her particular COVID-19 condition at the time of her termination. Plaintiff needed only provide a short and plain statement of the claim Fed. R. Civ. P. 8(a)(2), and she had done that by alleging that she was discharged shortly after informing her employer that she was continuing to suffer from a severe, symptomatic case of COVID-19.