HR Tip: EEOC issues guidance on when COVID-19 is a disability

The EEOC issued guidance that COVID-19 cases persisting for more than a few weeks and impairments caused by the illness can be considered "disabilities" under the Americans with Disabilities Act (ADA), although whether the law applies must be determined on a case-by-case basis. Asymptomatic and mild cases of COVID-19 are not disabilities under the ADA because they do not limit workers' bodily functions or life activities for prolonged periods.

Employers should determine whether COVID-19 is a disability in the same manner other conditions or alleged disabilities are assessed. The guidance notes that the symptoms do not have to be long-term but must substantially limit a major life activity and provides some examples. Employees who seek workplace accommodations can be required to provide medical documentation to their employers, and it would be prudent to review medical inquiry forms to see if they should be updated.

Even if the initial case of COVID-19 itself doesn't constitute a disability, a condition caused or worsened by COVID-19 can be a disability under the ADA. For example, an individual who develops heart inflammation, suffers an acute ischemic stroke, or develops long-COVID.

If state regulations are more stringent, they should be followed.