Back in September, the EEOC issued guidance stating workers suffering from “long-haul” COVID-19 may be disabled under the Americans with Disabilities Act (ADA) “in certain circumstances.” New guidance released yesterday provides some clarification on this issue for employers.
The guidance explains that COVID-19 may be a disability under the ADA if the virus results in an employee: (1) having a physical or mental impairment that substantially limits one or more of the individual’s major life activities, (2) having a record of an impairment (as would be likely with long-haul COVID), or (3) having been regarded as having such an impairment.
Specific to COVID, the EEOC explains that the multiple-day headaches, dizziness, and brain fog associated with the virus are all examples of having an impairment under the ADA. Moreover, an employee who contracts COVID-19 does not have to show they experienced virus-related symptoms for a specified period before they may be considered “disabled” under the ADA.
The EEOC guidance notes, however, that not every employee who contracts COVID-19 qualifies as disabled. An individualized assessment is still required to determine whether the employee’s condition meets one of the three definitions of disability under the ADA.
Bottom Line
In light of this new guidance, employers should be on notice that an employee who has COVID-19 may, under certain circumstances, be entitled to the same protections as any other employee with a disability under the ADA.