Some people with long COVID-19 may qualify for disability resources under the Americans with Disabilities Act, the Equal Employment Opportunity Commission said in updated guidance this week.
Long COVID-19 refers to aftereffects that last for four weeks or longer after a coronavirus infectton. The ADA does not cover most cases of COVID-19 that resolve within a few weeks.
The fresh guidance from the EEOC clarifies previous guidance from the Office for Civil Rights of the Department of Health and Human Services and the Civil Rights Division of the Department of Justice.
Per the EEOC, COVID-19 cases that resolve within a few weeks are not considered a disability.
“A person with COVID-19 has an actual disability if the person’s medical condition or any of its symptoms is a ‘physical or mental’ impairment that ‘substantially limits one or more major life activities,’ ” the commission said.
Each case must be assessed independently to determine the extent to which a person’s activities are limited, the agency said. Major life activities could include both major bodily functions — such as respiratory, lung or heart function — and major activities in which someone engages, such as walking or concentrating, according to the EEOC.
The ADA protects workers from being fired or facing retaliation because of their disabilities, and it requires employers to offer reasonable accommodations that would allow workers with disabilities to perform their jobs.
