Covid-19: A Disability under the Americans with Disabilities Act?

Abstract

The Americans with Disabilities Act has as its mandate to prohibit all forms of discrimination against persons living with disability and to ensure that such qualified persons enjoy equal employment opportunities. Persons with disabilities are a minority and have faced longstanding discrimination in terms of housing, employment, health services, recreation, voting, communication, to mention a few. Thus, the need for an Act like the ADA. This paper addresses the question: whether COVID-19 is a disability and what covered employers need to know in order not to fall short of the provision of the anti-discrimination laws. It is important for employers to be abreast of the provisions of these anti-discrimination laws and ensure they do not fall short of the law. All forms of discrimination “because of disability” are prohibited. Employers should also beware of the kinds of medical enquiries they make as it relates to COVID-19 where it qualifies as a disability. Most importantly, reasonable accommodation should be given to employees with disabilities such as more flexible work schedule, work from home, if possible, adequate time off to recover.

Keywords: discrimination, disability, reasonable accommodation, COVID-19, medical enquiries, Americans with Disabilities Act