Long COVID Sufferers May Have Coverage Under the ADA

The US Department of Health and Department of Justice came out with Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557, on July 26, 2021. The Guidance describes the symptoms of Long COVID, including fatigue, chest pain, cough, joint or muscle pain, and a list of other symptoms.

The Guidance explains that if any of these symptoms substantially limits one or more of the major life activities of an employee, it is a disability. If an employee has a disability, they must receive a reasonable accommodation to perform the essential functions of their position.

Accommodations can include time off, a change in duties, or how the duties are completed. In some cases, employees may need to be re-assigned to an open position for which they are qualified. If this is an issue in your organization, staff at Employers Council can help.