The Equal Employment Opportunity Commission released updated guidance Dec. 14 saying that a person diagnosed with COVID-19 can be considered to have a disability under certain circumstances.
According to the new guidance, a person diagnosed with COVID-19 who has mild symptoms that resolve in a few weeks without issue will not be considered to have a disability under the Americans with Disabilities Act. A person can be considered to have a disability when their COVID-19 symptoms cause mental or physical impairment that "substantially limits one or more major life activities," the EEOC said.
The EEOC said that whether the Americans with Disabilities Act applies to individual workers will be determined on a case-by-case basis "that applies existing legal standards to the facts of a particular individual's circumstances."
The Americans with Disabilities Act requires employers to offer reasonable accommodations that allow workers with disabilities to do their jobs. The law also protects workers from discrimination based on their disabilities.