EEOC Approves Disability Provisions for COVID-19 Under ADA
COVID-19 technical assistance from the Equal Employment Opportunity Commission (EEOC) now includes a new section clarifying when COVID-19 may qualify as a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
In most cases, COVID-19 leads to short-term effects; yet some people may experience "long COVID," which encompasses a variety of persistent symptoms and can be a disability under the ADA, Section 504, and Section 1557 if it hinders major life activities.
Employees may also be eligible for assistance if their infection with COVID-19 poses a threat to their employment. Though, the disability designation does not apply to those who did not have symptoms or whose mild symptoms resolved without issue under the ADA.
Within its new set of questions and answers, the EEOC examines COVID-19 and the definition of disability under Title I of the ADA and Section 501 of the Rehabilitation Act — which concern employment discrimination. Furthermore, the updates illustrate the potential for a disability following a COVID-19 diagnosis, or a condition that follows, to fall under EEOC authority.
Key information includes:
Depending on the nature of the impairment, COVID-19 can directly result in a disability recognized under the ADA.
In the event of mild symptoms that resolve in a few weeks, the applicant or employee is not likely to qualify for a reasonable accommodation under the ADA.
Under the ADA, applicants and employees with disabilities may not automatically be entitled to reasonable accommodations; however, if their disability requires it, and the accommodation is not unduly burdensome to the employer — though, employers can choose to go beyond what the ADA requires.
If an employer uses myths, fears, or stereotypes to prevent an employee from returning to work once they are no longer infectious, the employer is in violation of the ADA.
During the pandemic, the EEOC has updated its guidance on employment and COVID-19 approximately 20 times.
“Like effects from other diseases, effects from COVID-19 can lead to a disability protected under the laws the EEOC enforces. Workers with disabilities stemming from COVID-19 are protected from employment discrimination and may be eligible for reasonable accommodations," stated EEOC Chair Charlotte A. Burrows.