Can COVID-19 be considered a disability under the Americans with Disabilities Act? The answer will depend on the facts of any individual case, legal experts say.
Whether you suffer severe COVID-19 complications, experience lingering symptoms, or fear contracting the disease due to an underlying condition, you could be entitled to workplace accommodations under U.S. disability law.
There’s no ‘black-and-white answer’ The ADA defines a disability as “a physical or mental impairment that substantially limits one or more major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment.
Most state laws haven’t addressed this issue, added Sarah Wieselthier, an associate at the law firm Fisher Phillips who represents employers in labor and employment issues and has written about COVID-19 and discrimination law. With that said, each case would be evaluated on an individual basis with respect to how the illness affected the person and what it restricted them from doing, Langston told MarketWatch. “There’s no 100% black-and-white answer,” she said.
Langston said her organization was hearing most often from individuals worried that their preexisting conditions could put them at higher risk for COVID-19 complications. While many people with a heart condition or diabetes might have been able to go to work with no problem pre-pandemic, coming in close proximity to other people could now put their health at severe risk, she said.
As for workers without disabilities who live with someone who is at elevated risk for severe COVID-19 illness, the ADA doesn’t mandate that employers provide them with accommodations based on their family member’s underlying condition, though they’re free to provide that flexibility if they like. “Although the ADA prohibits discrimination based on association with an individual with a disability, that protection is limited to disparate treatment or harassment,” the EEOC says.
See if your employer will accept alternative medical documentation The ADA requires that employers provide “reasonable accommodations” to workers with disabilities, provided they wouldn’t result in “undue hardship” such as significant expense or difficulty. A reasonable accommodation, the EEOC says, “is any change in the work environment to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
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