In a move that comes as no surprise, the Equal Employment Opportunity Commission (“EEOC”) has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a “disability” under the Americans with Disabilities Act (“ADA”), making specific reference to the Department of Justice (“DOJ”) / Department of Health and Human Services (“HHS”) guidance.

Originally published in the Employee Benefit Plan Review, March-April 2022.