EEOC Issues new Guidance on COVID-19 and ADA Disability

As the challenges with COVID, mandates and related items continue to work their way through the court system, the EEOC is also providing definition to COVID as it relates to ADA disability/   

On Dec. 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued 14 new answers to frequently asked questions (FAQs) about what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic. The new FAQs specifically address the definition of “disability” and how to determine whether an individual with COVID-19 meets it under the Americans with Disabilities Act (ADA).   

Under the ADA, employers with 15 or more employees may face liability if they take certain adverse employment actions against individuals who have been diagnosed with or are believed to have COVID-19. The ADA also requires these employers to provide reasonable accommodations for individuals with disabilities, including any related to COVID-19. Smaller employers may be subject to similar rules under applicable state or local law.  

Here are a few highlights: 

COVID-19 as a Disability   

Determining whether COVID-19 is a disability is determined on a case-by-case basis and always requires an individualized assessment. 

Actual Disability 

COVID-19 is an actual disability if it substantially limits one or more major life activities.   

Substantial Limitations    

Limitations from COVID-19 do not have to last any length of time or be long-term to be substantially limiting.  

Major Life Activities 

Major life activities include major bodily functions, such as respiratory, lung or heart function, and most daily activities, such as walking or concentrating. 

For more information on this, you can view the article HERE.  

 Need assistance with your COVID programs, contact your Innovise Team.