The U.S. Equal Employment Opportunity Commission’s (EEOC) recognition that long COVID-19 may be considered a disability under the Americans with Disabilities Act (ADA) is expected to increase employers’ potential liability. Business Insurance spoke to labor and employment associate Alexa Miller about the potential impact of anticipated EEOC guidance.
The publication described how the U.S. Department of Health and Human Services and the U.S. Justice Department issued joint guidance on treating long COVID-19 as a disability under the ADA in June. A notice on the EEOC’s website said it expects to issue similar guidance.
The EEOC guidance will be significant, “especially given the increase in cases that we’re seeing due to the delta variant and breakthrough infections for fully vaccinated people,” noted Miller.