Is COVID-19 a disability under the ADA? It depends

The Equal Employment Opportunity Commission (EEOC) recently released guidance regarding whether COVID-19 is a disability under the Americans with Disabilities Act (ADA). Under the ADA, an employer cannot take an adverse employment action against an individual because of a disability, which is a physical or mental impairment that substantially limits a major life activity. The EEOC stated COVID-19 is a physical or mental impairment. The question is, does it substantially limit a major life activity? The answer to that question is, it depends.

When COVID-19 would be a disability

The EEOC guidance identifies circumstances in which the EEOC would consider COVID-19 to be a disability. Examples include: