Coronavirus isn't an automatic disability, EEOC says | Dump Trucks Charlotte NC
Columbus Ohio Dump Truck Company Brief:
- Employers must conduct individualized assessments to determine whether an employee's COVID-19 constitutes a disability under the Americans with Disabilities Act, the U.S. Equal Employment Opportunity Commission said in technical guidance updated Dec. 14. The disease does not automatically qualify as a disability.
- "Like effects from other diseases, effects from COVID-19 can lead to a disability protected under the laws the EEOC enforces," EEOC Chair Charlotte A. Burrows said in a news release. "Workers with disabilities stemming from COVID-19 are protected from employment discrimination and may be eligible for reasonable accommodations."
- The update follows President Joe Biden's July announcement that "long COVID" may be considered a disability under the ADA. Symptoms characteristic of the condition include breathing problems, brain fog, chronic pain and fatigue — all of which "can sometimes rise to the level of a disability," Biden said.
Dump Trucks Columbus OH Insight:
The agency's update — which focused on when the disease qualifies as a disability — reinforces ADA basics.
The agency discussed how the ADA's three-pronged definition of disability applies to COVID-19. Put simply, its application mirrors the way the law treats "any other medical condition," EEOC said. A person can have a disability under the ADA if they have an "actual disability," if they have a record of a disability or if they are regarded as an individual with a disability.
A person who contracts the virus may have what the EEOC calls an "actual disability": "a physical or mental impairment that substantially limits a major life activity." Coronavirus may prevent someone from walking or breathing well enough, for example, to carry out the essential functions of their job. But a person diagnosed with COVID-19 who experiences temporary symptoms such as a sore throat and fever is not considered to have a disability under the ADA. "This is so even though this person is subject to CDC guidance for isolation during the period of infectiousness," EEOC said.
A person who has COVID-19 may have a record of a disability if the worker "has a history of, or has been misclassified as having an impairment" that rises to the definition of an actual disability.
An employee can be regarded as someone with a disability if they are subjected to an adverse action because of their COVID-19 illness or because of an employer's mistaken belief that they are sick with COVID-19, EEOC said. The agency offered an example. If an employer fired an employee who showed minor symptoms of COVID-19 that were expected to last more than six months, the employer would have regarded the worker as having a disability. The employer would be unable to show that the impairment was "transitory and minor," EEOC said.
Sometimes, COVID-19 doesn't constitute a disability itself but causes impairments that are disabilities under the ADA, the agency noted. A worker who develops heart inflammation due to COVID-19, for instance, may experience limited circulatory function and be restricted in heavy lifting.
Construction Dive news delivered to your inbox
Get the free daily newsletter read by industry experts
Editors' picks
-
Backlog breakdown
How COVID-19, supply chain woes hit contractor backlogs
During the pandemic, construction backlog data tracked the swings of COVID-19 closely. Now, it gives a unique view of what lies ahead.
By Joe Bousquin • Dec. 15, 2021 -
Infrastructure act
Despite a focus on driver safety, IIJA also includes road worker protections
The spending package mentions the word "safety" 711 times, but it almost always refers to motorists. Knowing where to look in the text, one expert says, will be the key to protecting road builders.
By Zachary Phillips • Dec. 16, 2021