COVID-19 may qualify as disability under ADA-Bukaty-Hubsopt-Winter-2022

    COVID-19 may qualify as a disability under ADA

    Authored by Bukaty Companies on January 31, 2022

    The Equal Employment Opportunity Commission (EEOC) established that COVID-19 could be considered an “actual disability” under the Americans with Disabilities Act (ADA) in some scenarios.

    This news comes as many individuals fall into the category of COVID-19 “long-haulers”. Long-haulers have symptoms and complications from COVID-19 that extend well beyond an average illness period and hinder major life activities. Individuals who experience physically or mentally impairing symptoms which substantially limit their job performance may qualify for federal disability resources and become entitled to certain accommodations. For example, an individual who has tested positive for COVID-19 and consequently develops heart palpitations, chest pain, or shortness of breath resulting from the virus may be substantially limited in their functions and qualify for disability accommodation. Determination of qualification should be reviewed on a case-by-case basis.

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