The U.S. Court of Appeals for the Eleventh Circuit affirmed the Georgia federal district court’s summary judgment dismissal of a discrimination lawsuit by a now-deceased county worker. Rhonda Jackson filed discrimination and retaliation claims under the Americans with Disabilities Act (ADA) and Rehabilitation Act after Sumter County, Georgia, fired her for allegedly spraying coworkers with disinfectant.
Jackson had chronic obstructive pulmonary disease, stage 4 chronic kidney failure, and congestive heart failure. Jackson filed suit in 2022, and her estate continued to pursue the claim after she died in 2024. The case is Rhonda Jackson v. Sumter County, Georgia, Case No. 25-11488, U.S. Court of Appeals for the Eleventh Circuit.
Jackson claimed that during the COVID-19 pandemic, she sprayed disinfectant, wiped down surfaces, and wore a mask to protect herself from infection. Coworkers complained that she had sprayed them directly with disinfectant, which Jackson denied. After Jackson filed a grievance, she was fired for violating a county harassment policy. Jackson’s argument rested in part on her assertion that nondisabled employees who took similar precautions were not accused of harassment or fired.
The appellate panel found that while employees could and did use disinfectant to protect themselves, Jackson’s firing stemmed from her spraying disinfectant directly on others. The panel found no evidence that the county fired Jackson for any reason related to her disabilities, as her supervisor had become aware of her disabilities more than six months before she was fired.
Likewise, the panel ruled that Jackson could not make a valid retaliation claim, as her grievance didn’t challenge an employment practice or constitute a charge under the ADA. Instead, her grievance concerned the methods used to investigate the allegations her colleagues made against her.
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