COVID-19 and ADA Disability: New Guidance and FAQs

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The Equal Employment Opportunity Commission (EEOC) has released new guidance and FAQs on COVID-19 and ADA (Americans with Disabilities Act) Disability. It explains what employers may or may not do to comply with federal fair employment laws during the COVID-19 pandemic.

Employers may face liability if they discriminate against individuals based on disability or fail to provide reasonable accommodations to an otherwise qualified individual with a disability. Employers are subject to ADA if they have 15 or more employees.

The new guidance and FAQs clarify that:

• Determining whether a specific employee’s COVID-19 is a disability under the ADA always requires an individualized assessment
• COVID-19 is an actual disability if it is a “physical or mental” impairment that “substantially limits one or more major life activities”
• Employers must provide reasonable accommodations for individuals whose COVID-19 is an actual, past, or misclassified disability
• Even if COVID-19 itself does not meet the ADA’s definition of a disability, it may cause later impairments that do

Employers with 15 or more employees should become familiar with and follow the guidance provided in the EEOC’s FAQS about ADA compliance.

Download the bulletin for more details.

Additional Resource

EEOC Issues New Guidance on COVID-19 and ADA Disability

This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.