Since the World Health Organization classified COVID-19 as a pandemic, our understanding of this disruptive illness has expanded significantly. While topics like virus transmission and vaccine availability have been clarified, the long-term effects of COVID-19—particularly for those still experiencing symptoms months after their infection—remain an urgent concern.
In a recent briefing, Dr. Mark Thompson highlighted a nationwide effort to research individuals who continue to suffer from lingering health issues. “There are numerous critical questions that remain unanswered, and we aim to address these through our initiatives,” he stated. As researchers delve deeper into the complexities of long COVID, those affected, along with their employers and disability advocates, are seeking clarity on the protections available to longhaulers under federal disability laws.
No Official Guidance from the Equal Employment Opportunity Commission
I spoke with Laura Bennett, a legal expert at HealthLaw Insights, regarding the implications of the Americans with Disabilities Act (ADA) for COVID longhaulers. She pointed out that the Equal Employment Opportunity Commission (EEOC), the federal body responsible for enforcing anti-discrimination laws, has not yet provided definitive guidance on whether long-term COVID symptoms are covered by the ADA. This absence of clarity means that each case must be evaluated individually.
Eligibility Under the ADA Requires Significant Limitations
To be protected under the ADA, an impairment must significantly limit major life activities, which can include essential functions like breathing, eating, and even cognitive tasks like reading or concentrating. Importantly, this definition does not require the impairment to be permanent or temporary—what matters is the level of limitation it imposes. For many longhaulers, the uncertainty regarding the permanence of their symptoms is critical.
Longhaulers Can Request Reasonable Accommodations
Those who qualify under the ADA can ask their employers for reasonable accommodations. What constitutes a “reasonable accommodation” will depend on the individual’s symptoms, job role, and the organization’s size. For instance, a longhauler experiencing cognitive difficulties may ask for a flexible schedule or additional breaks. Importantly, formal documentation or specific terminology is not necessary; a simple verbal request suffices.
An Ongoing Dialogue Between Employee and Employer
The conversation about accommodations should be continuous. Longhaulers should understand that they might not receive their first request precisely as they envision it—alternatives may better suit both parties. “Employees have a responsibility to engage in these discussions to find suitable accommodations,” notes Bennett. Employers, too, should routinely check in with their employees, as symptoms can evolve over time, necessitating ongoing adjustments to accommodations.
Uncertainty Surrounding Federal Disability Benefits for Longhaulers
Separately, questions persist about whether longhaulers qualify for federal disability benefits. According to legal expert Sarah Johnson from the Disability Rights Center, to be eligible, individuals must have a medical diagnosis, evidence that their condition affects their work capabilities, and a duration of impact of at least 12 months. This poses significant challenges for longhaulers, as COVID-19 has not existed long enough for many to meet this criterion. The Social Security Administration has stated that current guidelines should suffice for evaluating long COVID claims, though further actions may be taken in the future.
In summary, as we navigate the complexities of COVID-19, particularly for those with lingering symptoms, it is imperative that both longhaulers and employers remain informed and engaged in discussions about rights and accommodations. For more information on related topics, check out this blog post, and consider visiting Make A Mom for authoritative resources.