Workers who contract Covid-19 can be protected from discrimination under the Americans with Disabilities Act, the U.S. Equal Employment Opportunity Commission said in new guidance Tuesday.
Depending on each worker’s circumstances, the EEOC said, the virus can meet 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.
Someone who has Covid-19 and experiences multiple-day headaches, dizziness, and brain fog attributed to the virus is an example of an impairment under the ADA.
However, not every person with Covid-19 will qualify as disabled, the agency said. Employers must assess each employee individually to determine if they meet the appropriate standards, it said. If someone has Covid-19 but is asymptomatic or has mild symptoms like the flu that only lasts a few weeks with no other consequences, they wouldn’t qualify.
The agency’s revised guidance expands on a September update that said workers suffering from “long-haul” Covid-19 may be disabled under the ADA “in certain circumstances.” The Health & Human Services and Justice departments said in July that long Covid can classify as a disability.
There is no requirement for limitations from Covid-19 to last a particular length of time...
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