Facts

Linda Linne worked as a respiratory therapist for Alameda Health System beginning in 1992. In March 2020, due to the pandemic, Alameda Health began to institute certain policies such as requiring the wearing of surgical masks, being vaccinated, quarantining, and social distancing. Linne, accordingly, received an email notifying her that she was required to be vaccinated and had to wear eye-protection. After she refused to get the COVID vaccine and flu shots, she received another email stating that unless she had a religious or medical exemption, she was required to comply. She turned in a religious exemption letter. Though the exemption was granted, she still was required to test for COVID twice a week. When she refused to comply, she was terminated. Proceeding pro se, Linne then filed suit against Alameda Health.

PLAINTIFF'S CONTENTIONS: Plaintiff asserted claims for discrimination and retaliation under the Americans with Disabilities Act (ADA).

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's claim failed to sufficiently allege that she was a disabled person with the ADA's meaning and that she was terminated because of a disability within the ADA's definition.

Result

The court granted defendant's motion to dismiss.