Federal Judge Refuses To Toss ‘As Regarded’ ADA Claim Based On Vaccination Status

( December 12, 2025, 11:37 AM EST) -- PITTSBURGH — Finding unpersuasive several cases cited by an employer that held that being unvaccinated for COVID-19 cannot be the basis for a perceived disability under the Americans with Disabilities Act (ADA), a Pennsylvania federal judge sustained a former employee’s objections to a magistrate’s report and recommendation and denied the company’s partial motion to dismiss the employee’s ADA claim alleging that the company failed to accommodate what it perceived as the medical disability of being immunocompromised....