EEOC Adds Technical Assistance Guidance to Clarify When COVID-19 Is Considered a Disability Under the ADA
On December 14, the Equal Employment Opportunity Commission (EEOC) released additional COVID-19 technical assistance to clarify certain circumstances under which employers and employees may consider COVID-19 a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The guidance, which is presented in a Q&A format, focuses broadly on the definition of disability under the ADA and Rehabilitation Act and provides examples detailing how an individual diagnosed with COVID-19 or post-COVID-19 conditions could be considered to have a disability under these laws.
According to an EEOC press release, the technical assistance adds the following key guidance:
CUPA-HR will continue to keep members apprised of any COVID-19 guidance as it relates to disability and discrimination under EEO law.
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