When COVID-19 May Be Considered a Disability

The Equal Employment Opportunity Commission has added a new section to its COVID-19-related technical assistance to clarify when COVID-19 may be considered a disability and how this can impact employers, employees, and job applicants. The new section provides examples of when COVID-19 or disabilities arising from conditions that were caused or worsened by COVID-19, may meet the definition of disability under Title I of the Americans with Disabilities Act (ADA) or Section 501 of the Rehabilitation Act. It also addresses nondiscrimination protections provided to employees and job applicants under the ADA and the Rehabilitation Act.