Magistrate Advises Dismissal Of ‘As Regarded’ ADA Claim Based On Vaccination Status

( April 18, 2025, 12:59 PM EDT) -- PITTSBURGH — Concluding that being unvaccinated for COVID-19 cannot be the basis for a perceived disability under the Americans with Disabilities Act (ADA), a Pennsylvania federal magistrate judge recommended granting the partial motion to dismiss of a pharmaceutical company in a former employee’s lawsuit alleging that the company failed to accommodate what it perceived as the medical disability of being unvaccinated and thus immunocompromised....