On December 14, 2021, the Equal Employment Opportunity
Commission (EEOC) published additional guidance addressing when an
individual infected with COVID-19 may qualify as disabled under the
Americans with Disabilities Act (ADA). The publication expands on
the EEOC's September 2021 guidance regarding whether
“long-haul” COVID-19 is a disability under the ADA.
Title I of the ADA prohibits discrimination on the basis of
disability in the workplace. An employee may be disabled, for
purposes of the ADA, in one of three ways:
- The individual has an “actual” disability;
- The individual has a “record of” disability;
or
- The individual is “regarded as” having a
disability.
COVID-19 may be an actual disability under the ADA when the
effects of COVID-19 substantially limit an individual's major
life activity. According to the EEOC's latest guidance, an
individual diagnosed with COVID-19 may be disabled when the virus
causes an individual to experience ongoing but
