EEOC COVID-19 Technical Assistance Updated With ADA Guidance

The Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 Technical Assistance (as of December 14, 2021) with additional guidance to clarify under what circumstances COVID-19 may be considered a disability under the Americans With Disabilities Act (ADA). Key information includes:

  • An employee’s COVID-19 may sometimes cause impairments that are themselves disabilities under the ADA, regardless of whether the initial case of COVID-19 constituted an actual disability
  • An employee’s COVID-19 which results in mild symptoms that resolve in a few weeks, with no other consequences, will not have an ADA disability that could make someone eligible to receive a reasonable accommodation.

See also the DOJ/HHS Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557.