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Capitol Correspondence - 01.11.22

EEOC Updates Technical Assistance Clarifying when COVID-19 May Be Considered a Disability

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The U.S. Equal Employment Opportunity Commission (EEOC) issued an update to its COVID-19 technical assistance guidance to include clarification about when COVID-19 may be considered a disability under the Americans with Disabilities Act (ADA). Under such circumstances, an employee may be eligible for reasonable accommodations and protected against discrimination by employers.

The EEOC guidance indicates that an employee will be considered to have a disability when COVID-19 causes impairments that would be considered disabilities under the ADA. Mild cases of COVID-19 that resolve with no further consequences will not be considered a disability. For more information, see the EEOC technical assistance.