The EEOC’s determination that Covid-19 can be a disability in many circumstances will create confusion, and tee up litigation, as companies grapple with how to accommodate workers who contract the virus and experience symptoms including brain fog, headaches, and shortness of breath.
Last week’s long-awaited guidance from the U.S. Equal Employment Opportunity Commission for employers and workers navigating the pandemic addresses issues that have already sparked discrimination lawsuits under the Americans with Disabilities Act.
The agency made clear that not every person with Covid-19 will qualify, but said the virus’s after effects should be considered under the ADA’s three definitions ...