The EEOC’s determination that Covid-19 can be a disability in many circumstances will create confusion, and tee up litigation, as companies grapple with how to accommodate workers who contract the virus and experience symptoms including brain fog, headaches, and shortness of breath.
Last week’s long-awaited guidance from the U.S. Equal Employment Opportunity Commission for employers and workers navigating the pandemic addresses issues that have already sparked discrimination lawsuits under the Americans with Disabilities Act.
The agency made clear that not every person with Covid-19 will qualify, but said the virus’s after effects should be considered under the ADA’s three definitions for a disability, which cover actual physical or mental impairments that substantially limit a major life activity; an employer’s perception that a worker has a disability; or the worker’s record of impairment.
Employment attorneys and academics say that guidance will help, but practically implementing the individualized assessments required by the ADA will continue to be a challenge.
“Wherever there is conflict, these employers likely won’t fight about whether something is a disability or not, and focus more on the interactive process,” said Adam Sencenbaugh, a partner with Haynes and Boone LLP. “The question will be, ‘How do we accommodate that based on the position? It’s a wide variety of...
The Department of Health and Human Services capped off a week of intensive anti-fraud activity with the launching of a six-month healthcare False Claims Act self-disclosure pilot program in partne...