Under the Americans with Disabilities Act (ADA), an employee with a disability (a physical or mental impairment that substantially limits a major life activity, including work) may be entitled to reasonable accommodations which will allow them to perform their essential job duties. What do employers need to know about COVID-19, Long COVID and reasonable accommodations? See the list below as well as our infographic.
COVID-19 and Long COVID* qualify as disabilities under the ADA *new and ongoing symptoms continue after recovery from initial infection
When an employer is aware of an employee’s prior COVID-19 diagnosis and its possible effect on their job performance, an employer should:
Never assume that an employee needs accommodations without completing the interactive process
Have a dialog with the employee
Document interaction between employer, employee and employee’s medical provider
Assess each accommodation request on a case-by-case basis
Failure to fully engage in the interactive process or provide required accommodations will lead to disability discrimination claims