“I have long COVID and I am currently on disability leave. I just found out that my employer has terminated my employment. Is this disability discrimination?”
The coronavirus pandemic has temporarily or permanently disabled millions of Americans, which has resulted in several lawsuits with outcomes that rest upon whether COVID-19 can be considered a disability under the ADA.
On December 14, 2021, the Equal Employment Opportunity Commission (EEOC) amended guidance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” In the amended guidance, the EEOC clarifies that workers with COVID-19 can be protected from discrimination under the Americans with Disabilities Act (ADA). This document expands on guidance issued by the U.S. Department of Health and Human Services (HHS) in September 2021, which included several examples of how long COVID can meet the definition of disability under federal law.
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