Long-Haul COVID-19 Can Be An ADA-Covered Disability
The U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance[1] explaining that long-haul COVID-19 can be considered a disability and qualify for protections from discrimination under the Americans with Disability Act (ADA).
The Centers for Disease Control and Prevention (CDC) defines "long COVID" as "new or ongoing symptoms that can last weeks or months after first being infected with the virus that causes COVID-19.”[2] The guidance states that long COVID, which can be a physical or mental impairment, can be a disability under the ADA if it substantially limits one or more major life activities. The guidance sets forth examples of situations where long COVID might substantially limit a major life activity, such as:
A person with long COVID who has lung damage that causes shortness of breath, fatigue, and related effects is substantially limited in respiratory function, among other major life activities.
A person with long COVID who has symptoms of intestinal pain, vomiting, and nausea that have lingered for months is substantially limited in gastrointestinal function, among other major life activities.
A person with long COVID who experiences memory lapses and “brain fog” is substantially limited in brain function, concentrating, and/or thinking.
Takeaway
Long COVID is not always a disability, and an individualized assessment is necessary to determine whether a person’s long COVID condition or any of its symptoms substantially limit a major life activity. For assistance navigating the ever-evolving effects of COVID-19 in the workplace, please contact the attorneys at Campbell Litigation, P.C.
[1] Secretary, H. H. S. O. of the, & (OCR), O. for C. R. (2021, July 26). Guidance on "long covid" as a disability under the ada, section. HHS.gov. https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html.
[2] Centers for Disease Control and Prevention. (n.d.). Post-covid conditions. Centers for Disease Control and Prevention. http://www.cdc.gov/coronavirus/2019-ncov/long-term-effects.html.