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ARTICLE · 22 DECEMBER 2021

UPDATE ON COVID CONSIDERATIONS: Long COVID Now An ADA Disability

Kelley Drye & Warren LLP
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In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a "disability" under the ADA...

United StatesEmployment and HR
Barbara E. Hoey
Barbara E. Hoey
Sebastian Clarkin
Sebastian Clarkin

UPDATE: December 17, 2021

In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a "disability" under the ADA, making specific reference to the DOJ/HHS guidance discussed in the original blog below. The EEOC's technical assistance focuses "more broadly on COVID-19" beyond just "long COVID," and does so "in the context of Title I of the ADA and section 501 of the Rehabilitation Act, which cover employment." However, the EEOC's guidance clearly echoes the DOH/HHS guidance and states that long COVID or sustained symptoms of COVID may be a "disability" under the law.

In many states, long COVID could also qualify as a disability under state laws. So, employers should be ready for more claims into the future, even when the pandemic (finally) ends – from employees who suffer symptoms of COVID as a chronic illness.

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