Covid Can Be a Disability Under Federal Anti-Bias Law, EEOC Says - Bloomberg Law
Workers who contract Covid-19 can be protected from discrimination under the Americans with Disabilities Act, the U.S. Equal Employment Opportunity Commission said in new guidance Tuesday.
Depending on each worker’s circumstances, the EEOC said, the virus can meet the ADA’s three definitions for a disability, which cover actual physical or mental impairments that substantially limit a major life activity, an employer’s perception that a worker has a disability, or the worker’s record of impairment.
Someone who has Covid-19 and experiences multiple-day headaches, dizziness, and brain fog attributed to the virus is an example of an impairment under the ADA.
However, not every person with Covid-19 will qualify as disabled, the agency said. Employers must individually assess each employee to determine if they meet the appropriate standards, it said. If someone has Covid-19 but is asymptomatic or has mild symptoms like the flu that only lasts a few weeks with no other consequences, they wouldn’t qualify.
The agency’s revised guidance expands upon a September update that said workers suffering from “long-haul” Covid-19 may be disabled under the ADA “in certain circumstances.” The Health & Human Services and Justice departments said in July that long Covid can classify as a disability.
There is no requirement for limitations from Covid-19 to last a particular length of time for someone to qualify under the ADA, the EEOC said. That includes if symptoms come and go.
If a person has impairments as a result of getting Covid-19, such as a stroke that limits brain function, that can be considered a disability under the ADA. Additionally, if an employee is prevented from returning to work once they are no longer infectious, that can be a potential violation of the ADA by an employer.
“Like effects from other diseases, effects from COVID-19 can lead to a disability protected under the laws the EEOC enforces. Workers with disabilities stemming from COVID-19 are protected from employment discrimination and may be eligible for reasonable accommodations,” EEOC Chair Charlotte Burrows (D) said in a statement.
To contact the reporter on this story: Shira Stein in Washington at [email protected]
To contact the editors responsible for this story: Jay-Anne B. Casuga at [email protected]; Andrew Harris at [email protected]
source: https://news.bloomberglaw.com/daily-labor-report/covid-can-be-a-disability-under-federal-anti-bias-law-eeoc-says-5
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