For almost two years now, employers have been tackling the issues surrounding COVID-19. Not surprisingly most questions centered on COVID-19-specific leave, OSHA reporting requirements, and vaccines. Now, the EEOC has chimed in on something that employers may not have yet considered: When does an employee’s COVID-19 become a disability under the Americans with Disabilities Act?
As you know, under the ADA, an employer cannot discriminate against employees with disabilities. Additionally, if an employee with a disability requests a workplace accommodation, you may be required to provide a reasonable accommodation so that the employee is able to perform the essential duties of his or her job.
An employee has a disability if the employee has a physical or mental impairment that substantially limits one or more major life activities. Major life activities include things such as walking, standing, thinking, and other daily activities or bodily functions. Not all of the major life activities involve working. An employee is also considered disabled if the employer regards the employee as having such an impairment or the employee has a record of having such an impairment.
ADA disabilities range from intellectual disabilities to broken bones to diabetes and more, all depending on the circumstances of the impairment. The EEOC has now released guidance on when COVID-19 may become a disability under the ADA, e.g., when its effects substantially limit one or more...
A Cuban national who became a U.S. citizen in 2015 has had her citizenship revoked after a federal court in Florida found that she had concealed her role in a money laundering scheme when she appl...