(PS) Lundstrom v. Contra Costa Health Services

I. BACKGROUND

1 A. Lundstrom’s Allegations1 2 Lundstrom worked as a Public Health Nurse Case Manager for CCHS’s 3 CommunityConnect program from May 15, 2017, until December 7, 2021. Compl. ¶ 112; 4 Lundstrom’s Affidavit in Support of Complaint (“Affidavit”) (dkt. 1) ¶¶ 9, 43. In March 5 2020, at the beginning of the global COVID-19 pandemic, Lundstrom volunteered to join 6 CCHS’s “COVID team,” mainly working from home until the CommunityConnect team 7 was “fully deployed” in July 2020. Affidavit ¶ 10. 8 Lundstrom returned to in-person work in April 2020,2 by which point CCHS 9 management had implemented a policy requiring daily temperature checks and mask- 10 wearing for employees during work hours. Id. ¶ 11. In April or May 2020, Lundstrom 11 opted to work from home again. Id. ¶ 12. Between that time and December 2020, 12 Lundstrom’s supervisors informed her that, in order to work, healthcare workers like her 13 were required to undergo continuous testing. Id. ¶ 13. In that time period, Lundstrom felt 14 that CCHS’s COVID-19 policies reflected that CCHS “considered [her] a continual health 15 risk, as though at every moment [she] presented a contagious risk to…