EEOC Advises COVID-19 May Be ADA-Protected Disability

On December 14, 2021, the Equal Employment Opportunity Commission ("EEOC") updated its COVID-19 Technical Assistance Guidance to address when COVID-19 is a disability within the meaning of the Americans with Disabilities Act ("ADA"). The Guidance makes clear that, in certain circumstances, individuals with COVID-19 will be entitled to job protections under the ADA.

According to the EEOC, COVID-19 will be deemed an ADA-protected disability where it "substantially limits a major life activity," either physically or mentally. This determination requires an individualized, case-by-case assessment of how COVID-19 has impacted the individual. However, COVID-19 is not always a disability under the ADA. The Guidance provides that "[a] person infected with the virus causing COVID-19 who is asymptomatic or a person whose COVID-19 results in mild symptoms similar to those of the common cold or flu that resolve in a matter of weeks—with no other consequences—will not have