The EEOC came out with an updated Guidance (on 12-14-2021) clarifying when COVID may be a Disability. Employers and Employees should get legal advice on the issues from an experienced Employment Attorney. Galdean Law Firm can assist with these issues.
According to the EEOC, determining whether an employee’s COVID-19 is a disability requires an individualized assessment.
While an employee infected with COVID-19 who is “asymptomatic” or has only “mild symptoms similar to those of the common cold or flu that resolve in a matter of weeks—with no other consequences” does not have an actual disability under the ADA, other situations can cause the condition to fall under a disability. An employee's long experience with COVID 19-symptoms such as headaches, chest pain, heart palpitations, shortness of breath, fatigue and intestinal issues may be disabled if any of these symptoms substantially limit a major life activity.