COVID-19 Advice from a Disability Lawyer
EEOC Should Classify COVID-19 As A Disability Under ADA By Gary Phelan
Is COVID-19 a disability under the Americans with Disabilities Act?[1] The U.S. Equal Employment Opportunity Commission has so far resisted the invitation to answer that question.
After observing that the question had been raised by a lot of people, EEOC senior attorney adviser Sharon Rennert stated in the EEOC's March 27 COVID-19 webinar that "it is unclear at this time whether COVID-19 is or could be a disability under the ADA.[2] Rennert explained that "this is a very new virus and, while medical experts are learning more about it, there is still much that is unknown."[3]
In the two months since the EEOC articulated its position, medical experts have learned much more about the effects of COVID-19. The consensus that has emerged from the medical community is that COVID-19 is taking a severe toll on its victims physically and mentally and that these effects are lasting much longer than expected.
In one recent article, The Washington Post observed that "clinicians around the world are seeing evidence that suggests the virus also may be causing heart inflammation, acute kidney disease, neurological malfunction, blood clots, intestinal damage and liver problems."[4]
Click Here to read the full article!
MARKET MATTERS: Reasonable accommodation in the workplace and COVID-19
The Americans with Disabilities Act states that an employer must provide a reasonable accommodation to an employee with a disability unless the accommodation causes undue hardship. The Equal Employment Opportunity Commission, which enforces the ADA in the workplace, has stated that “it is unclear at this time whether COVID-19 is or could be a disability under the ADA,” reasoning that “this is a very new virus and, while medical experts are learning more about it, there is still much that is unknown.” Nevertheless, the ADA’s reasonable accommodation requirement is playing a vital role in workplaces navigating COVID-19’s impact.
In its COVID-19 guidance, the EEOC notes that persons with certain impairments are at greater risk from COVID-19 and, as a result, may be entitled to an accommodation. A report from the Centers for Disease Control and Prevention illustrates how important accommodations may be. According to the CDC, individuals with underlying medical impairments such as heart disease and diabetes were hospitalized at six times the rate of, and died 12 times as often as, otherwise healthy individuals. The CDC identified several medical conditions that might place individuals at higher risk, including serious heart disease, diabetes, asthma, kidney disease, hemoglobin disorders, liver disease, severe obesity and immunocompromised (including cancer treatments, HIV and immune deficiencies).
CLICK HERE to read the full article