COVID-19 FAQ: ADA

This general guidance is based on U.S. federal employment law and the current medical assessment of COVID-19. State and local laws may apply, and medical assessments may change, resulting in different conclusions.

ADA

Question 1. Is COVID-19 considered a “disability”?

Answer 1. Normally, no. Even under the amended (2009) ADA, the duration of COVID-19 will likely not be long enough to qualify as an ADA disability. Complications from COVID-19 (e.g., pneumonia) may qualify as an ADA disability, triggering certain obligations for the employer (e.g., reasonable accommodation, etc.). Employers should evaluate any applicable state mini-ADAs to ensure they do not contain different or additional requirements or provisions.

Q2. If an employer treats an employee as if he or she possibly has COVID-19 (e.g., by forcing him or her to stay home until an incubation period has passed), is that a valid basis for a “regarded as disabled” claim?

A2.Likely not. The amended ADA makes clear that “regarded as” claims may not be brought for conditions that are “transitory and minor.” If COVID-19 in a specific case is not transitory and minor, then COVID-19 would become a different condition or complication, which might be considered an ADA disability. That different condition or complication could, of course, give rise to a “regarded as disabled” claim.

For more answers to your frequently asked questions, please select a topic below:

ADA
Attendance
Compensation and Tax Issues
Confidentiality
Disability Related Inquiries and Medical Examinations
Employees with Symptoms or Exposure
Families First Coronavirus Response Act (FFCRA)
FMLA
Health coverage
Hiring During the COVID-19 Pandemic
NLRA
Reduction in Force/WARN
Retirement Plan Issues
Short-term disability coverage
Tax Credits Under FFCRA and the CARES Act
Vacation, Paid Time Off, and Paid Sick Leave
Wage and Hour
Workers’ Compensation
Workplace Safety

Requesting Too Many Documents Can Be Costly

The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices, a division of the Department of Justice (DOJ), enforces the anti-discrimination provisions of Section 274B of the Immigration and Nationality Act. This statute prohibits discrimination in hiring, firing or recruitment or referral for a fee that is based on an individual’s national origin or citizenship status. The statute also prohibits unfair documentary practices during the employment eligibility verification (Form I-9) process, and retaliation or intimidation.

Connecticut Poised to Ban ‘Captive Audience’ Meetings and Expand Employee Free Speech Protections

Recently, the Connecticut General Assembly sent Public Act No. 22-24 (Substitute Senate Bill No. 163), “An Act Protecting Employee Freedom of Speech and Conscience,” to Governor Ned Lamont’s desk for signature. If enacted, the law will amend Connecticut’s employee free speech statute, Conn. Gen. Stat. Section 31-51q, significantly limiting an employer’s ability to speak directly with its employees.