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The Department of Health and Human Services and the U.S. Department of Justice issued joint guidance on the medical condition called “long COVID” and how it can be considered a disability under various federal laws that protect people against discrimination.
Long COVID is a medical condition that can last weeks or months after coronavirus infection and can worsen with physical or mental activity. It can be considered a disability if it substantially limits one or more major life activities. Long COVID is a physical or mental impairment under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and Section 1557 of the Patient Protection and Affordable Care Act. If a person’s long COVID qualifies as a disability, they are entitled to the same protections against discrimination as any other person with a disability.
Employers should follow the most current guidelines and suggestions for maintaining workplace safety, as issued by the Centers for Disease Control and Prevention and any state or local health agencies. Employers subject to the laws mentioned above may need to adjust the way they operate to accommodate an individual’s long COVID-related limitations.
Download the bulletin for more details.
Additional Resources
How ACH’s Disability and Aging Networks Can Help People with Long COVID (Administration for Community’s Living)
What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (EEOC)
This blog is intended to be a compilation of information and resources pulled from federal, state, and local agencies. This is not intended to be legal advice. For up to the minute information and guidance on COVID-19, please follow the guidelines of the Centers for Disease Control and Prevention (CDC) and your local health organizations.
National Insurance Services is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Readers are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the readers’ business activities.
