Via InquirerUSA Returning to work after COVID-19 illness
This medical crisis has brought emergency legislation aimed to protect employees’ rights in light of the new conditions. Existing laws that protect those who had been sick, however, remain in place. Disability laws under the Fair Employment and Housing Act and the Americans with Disabilities Act continue to be in effect.
A “record or history of disability” includes previously having, or being misclassified as having, a record or history of a mental or physical disability of which the employer is aware. For example, an employee may have had a history of virus transmission. If, however, they are now healthy and able to work, that employee is protected from discrimination.
A “perceived potential disability” includes being regarded, or treated by the employer as having, or having had, a physical or mental disease, disorder, or condition that has no present disabling effect, but may become a mental or physical disability.
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