Is COVID-19 A Disability? Answer: Sometimes

The EEOC has updated guidance clarifying when COVID-19 may comprise a disability under the ADA. In a new Section N of its COVID-19 guidance entitled "COVID-19 and the Definition of 'Disability' Under the ADA, Rehabilitation Act, and other EEO Laws," the EEOC focuses on when COVID-19 is, or is not, a disability, and the resulting impact on an employer's obligation(s) under the law. Importantly, the guidance clarifies that depending on the circumstances, COVID-19 can meet the ADA's three-part definition of "disability" (i.e., "actual disability", "record of disability" or being "regarded as an individual with a disability") and provide protections to applicants and employees. However, not every individual with COVID-19 will qualify as disabled. Employers must assess on a case-by-case basis to determine if the requisite standards are met. The guidance provides multiple examples of actual disabilities and regarded as disabilities to further assist employers in