EEOC Advises That COVID-19 Can Meet the Definition of a Disability Under ADA and Rehabilitation
At Richardson Law Firm PC, we understand the significant impact COVID-19 has had on individuals and businesses alike. As a leading law firm specializing in the area of Law and Government, we strive to provide comprehensive legal guidance to our clients. In light of the ongoing pandemic, we want to inform you about an important development: the Equal Employment Opportunity Commission (EEOC) recently advised that COVID-19 can meet the definition of a disability under the Americans with Disabilities Act (ADA) and the Rehabilitation Act.
Understanding Disability and COVID-19
The ADA prohibits discrimination against individuals with disabilities in various aspects of employment, including hiring, promotion, and reasonable accommodations. The Rehabilitation Act prohibits discrimination on the basis of disability in federal programs and activities. With the EEOC's recent guidance, it is crucial to grasp how COVID-19 may qualify as a disability and what it means for both employees and employers.
Defining Disability Under ADA and Rehabilitation Act
To be considered a disability under the ADA and Rehabilitation Act, COVID-19 must substantially limit one or more major life activities. These activities can include breathing, walking, concentrating, or working. The duration of the impairment is also a factor in determining whether it qualifies as a disability. If an individual is experiencing significant difficulty or limitation in these activities due to COVID-19, they may be protected by the ADA and Rehabilitation Act.
Employer Obligations and Reasonable Accommodations
As an employer, it is important to be aware of your obligations under the ADA and Rehabilitation Act. If an employee has a qualifying disability, you must engage in an interactive process to determine reasonable accommodations that can help them perform their essential job functions. Reasonable accommodations can include modification of workspaces, flexible schedules, or the provision of assistive devices.
In the current context of COVID-19, examples of reasonable accommodations may include allowing remote work for employees who are at high risk, implementing strict sanitization protocols, and providing personal protective equipment. However, it is essential to consult legal professionals to ensure compliance with the specific requirements of the ADA and Rehabilitation Act.
Legal Guidance and Expertise
At Richardson Law Firm PC, we have a team of highly skilled attorneys specializing in employment law, particularly in matters involving the ADA and Rehabilitation Act. We are dedicated to assisting our clients in navigating the complex legal landscape surrounding COVID-19 and disabilities.
Our experienced attorneys can provide expert legal advice tailored to your unique circumstances. Whether you are an employee seeking to understand your rights under the ADA and Rehabilitation Act or an employer seeking guidance on compliance, we have the knowledge and expertise to assist you. We can evaluate your situation, explain your options, and help you make informed decisions about your legal rights and obligations.
Contact Richardson Law Firm PC Today
If you believe that COVID-19 has substantially limited your major life activities or if you are an employer seeking guidance in accommodating employees with COVID-19-related disabilities, don't hesitate to reach out to Richardson Law Firm PC. Our team is ready to provide the expert legal assistance you need.
Contact us today to schedule a consultation and discover how we can help you navigate the complex legal landscape of COVID-19 and disability.
