Wednesday, December 15, 2021

EEOC updates guidance to address COVID-19 and the definition of "disability"

The EEOC just keeps updating the ol' What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws guidance, most recently by adding a new section called COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act.

Not official use.
So, is COVID-19 a disability under the ADA? Get ready for it, because we've got an attorney's hall of fame all-time classic coming up... it depends!

An individualized assessment is necessary to determine whether the effects of a person’s COVID-19 substantially limit a major life activity. This will always be a case-by-case determination that applies existing legal standards to the facts of a particular individual’s circumstances.
What? Did you think the ADA would suddenly be clear and easy to apply to your circumstances in the case of COVID-19? 

Look, these issues can be tricky. This new EEOC guidance may be helpful. At the risk of sounding too self-serving, employers may wish to contact their trusted employment lawyer for advice. 

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