By Daniel Wiessner

(Reuters) – According to the guidance released Tuesday by the enforcement agency, workers in America with COVID-19 severe may be eligible for a law that prohibits discrimination against disabled people at work. However, those who have milder cases might not.

According to the Equal Employment Opportunity Commission’s guidance on their website, COVID-19 cases that last more than a few months and impairments caused or aggravated by illness are considered disabilities under the Americans with Disabilities Act.

The agency reminded workers that individual worker’s rights must be considered on an individual basis.

The ADA provides protection for workers with disabilities from losing their jobs or being retaliated against. Employers are required to provide reasonable accommodation to workers with disabilities in order to allow them to perform their job.

In its guidance, the EEOC stated that mild and asymptomatic cases of COVID-19 do not qualify as disabilities for purposes of the ADA. This is because they don’t limit worker’s bodily functions and life activities (walking, lifting heavy objects) for long periods.

However, “long COVID” is a condition that can last for many months even after the initial infection.

The EEOC said employees seeking workplace accommodations should provide proof to employers. This includes notes from doctors stating restrictions.

This guidance is being issued as cities and states are increasingly imposing tighter vaccine and mask-wearing requirements amid an increase in COVID-19 and Omicron coronavirus cases.