EEOC Issues Guidance on When COVID-19 Considered a ‘Disability’ under ADA

The Equal Employment Opportunity Commission issued guidance today, in the form of 14 additional questions-and-answers, regarding the circumstances where COVID-19 is considered a “disability” under the Americans with Disabilities Act. An individual who has a disability is entitled to a reasonable accommodation and nondiscriminatory treatment.

EEOC stated that “a person with COVID-19 has an actual disability if the person’s medical condition or any of its symptoms is a ‘physical or mental’ impairment that ‘substantially limits one or more major life activities.’” EEOC emphasized that an “individual assessment is necessary” to determine if an employee with COVID-19 meets this standard.

EEOC’s Q&As also address how other conditions caused or worsened by COVID-19 may be a disability under the ADA and how an individual establishes coverage to be eligible for a reasonable accommodation.