Long-haul Covid & ADA protections

Alex (Daily Moth): Researchers estimate that about 10% of Americans who contract the coronavirus suffer from lingering symptoms such as brain fog or fatigue for weeks or months after their initial infection, even while testing negative. Those cases are known as “Long Covid” or “long-haulers.” 

Here is a news brief and analysis from Syracuse Law Professor Michael Schwartz on what this means for disability rights. 

Law Professor Michael Schwartz:

According to the U.S. Department of Justice and the U.S. Department of Health and Human Services, people with long-haul Covid-19 may qualify as having a disability under the Americans with Disabilities Act (ADA) because these conditions related to the pandemic can substantially limit one or more major life activities like thinking or working.

In celebrating the 31st anniversary of the ADA’s signing, President Biden pointed out that the ADA may protect workers suffering from “Long Covid.” 

President Joe Biden: 

“…And today, finally, I’m proud to announce a new effort. The first of its kind to help Americans grappling with longterm effects of COVID-19 that doctors call long COVID. Many Americans who seemingly recover from the virus, still face lingering challenges like breathing problems, brain fog, chronic pain and fatigue. These conditions can sometimes rise to the level of a disability. So we’re bringing agencies together to make sure Americans with long COVID who have a disability, have access to the rights and resources that are due under the disability law, which includes accommodations and services in the workplace…” (Transcript from rev.com)cc

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Schwartz: Disability rights supporters predict that most ADA workplace litigation involving Covid long-haulers will arise when workers and employers engage in an interactive process to determine whether a job accommodation or modification is reasonable and should be granted. Already during the pandemic, ADA accommodation requests have spiked, and workers have gone to court when they’ve been denied reasonable accommodations.

Alex: Thank you Michael for that news brief. We see that the Biden administration wants to apply ADA protections to Covid long-haulers and that there is a spike in workplace ADA accommodation requests during the pandemic.