New EEOC guidance clarifies when COVID is (and isn't) an ADA-qualifying disability.

If an employee has a serious case of COVID or is struggling to recover, be aware that he or she may qualify as "disabled" under the ADA and, thus, you'd need to provide an accommodation.

On Dec. 14, the EEOC issued new guidance clarifying when workers who contract COVID can be protected under the ADA. Not every person with COVID will qualify. Someone with mild symptoms that resolve in a few weeks isn't covered by the ADA.

Employers must assess each employee's condition individually. The key question: Do the physical or mental impairments substantially limit one or more major life activities?

The EEOC clarified that "long COVID" symptoms of headaches, dizziness and brain fog can often be ADA impairments. Other key points:

* COVID may cause ADA-covered impairments even if the initial infection did not constitute a disability.

* Disabled employees aren't auto-


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