On December 14, 2021, the U.S Equal Employment Opportunity Commission (EEOC) announced that it added a new section in its COVID-19 technical assistance clarifying under what circumstance COVID-19 may be considered a disability under the Americans with Disabilities Act (ADA).

COVID-19 is an actual disability under the ADA if the person's medical condition or any of its symptoms is a physical or mental impairment that substantially limits one or more major life activities. This assessment is done on a case-by-case basis and is a fact specific inquiry. EEOC provides few examples of individuals who would and would not qualify to have a COVID disability. An ADA disability does not apply to an employee whose COVID-19 result in mild symptoms that resolve in a few weeks and have no other effect on the person.

Furthermore, an employee who is disabled due to COVID is only entitled to a reasonable accommodation when their disability requires it and the accommodation does not pose an undue hardship for the employer.