The Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 guidance to add a section on determining whether an individual who may have or has had COVID-19 is a protected individual with a disability under the Americans with Disabilities Act (ADA). The updated guidance is in the form of a set of Frequently Asked Questions (FAQs) posted on the agency’s website.
While the updated guidance has received a fair amount of media coverage, in reality it plows little new ground and will be of only marginal utility to those who are familiar with the ADA’s requirements. That said, the EEOC’s guidance does serve as a reminder that consideration of whether an impairment is an ADA-covered disability is always a case-by-case determination and that an employer exposes itself to risk whenever making an employment decision based on an employee’s real or perceived health condition.
Members of the Center for Workplace Compliance (CWC) can read more here.