On December 14, 2021, the Equal Employment Opportunity Commission (EEOC) issued guidance about whether employees that have or are recovering from COVID-19 are disabled. This guidance can be found in the newly added Section “N”, COVID-19 and the Definition of “Disability” Under the Americans with Disabilities Act (ADA) / Rehabilitation Act.
While the guidance provided by the EEOC is new, the analysis is the same as any ADA analysis of a medical condition. The following criteria are necessary for COVID-19 to be considered a disability for purposes of the ADA:
- Actual …