While, in most instances, a COVID-19 infection itself will not constitute a disability under the Americans with Disabilities Act or Ohio’s state law anti-discrimination statute, the pandemic requires special considerations for certain disabled employees.
Some health conditions and treatments predispose individuals to a greater risk of infection and/or a worse outcome if infected. If the underlying health condition is a qualifying disability (a condition that significantly limits a major life activity), the employee is entitled to a reasonable accommodation, that is, an alteration in her work environment, equipment, duties, schedule, or any other modification that allows the employee to perform the essential functions of her job. When an employer becomes aware of the need for a reasonable accommodation, it has an affirmative duty to engage in a dialog with the employee and must make an accommodation unless doing so would cause an undue hardship.
For example, an employee who has a compromised immune system, as the result of a qualifying disability, may need to be accommodated by being allowed to work remotely. In Ohio, one would hope that employers are following the Stay at Home Order and already allowing all employees who can work remotely to do so but there are likely essential employees who, but for a qualifying disability, would still be expected to physically report for work.
Related, existing or comparable accommodations for disabled employees should be extended to those same employees when they work remotely. For example, an employee whose disability requires special equipment in her normal workplace should be given comparable equipment that allows her to effectively perform her job remotely, unless, of course, doing so would create an undue hardship.
Particularly important in times like these, both the ADA and Ohio law prohibit an employer from making employment decisions on the basis of disability. When determining which employees to lay off, an employer may not take into account an employee’s disability, including the need for, or cost of, a reasonable accommodation. To further illustrate the various issues related to COVID-19 and the Americans with Disabilities Act, the U.S. Equal Employment Opportunity Commission has put together a summary of questions and answers here.