Some COVID-19 Survivors Require ADA Accommodations – 5 Important Points to Consider

Since the World Health Organization declared COVID-19 a pandemic, significant insights have emerged about how the virus has altered our lives. While issues surrounding transmission, mask effectiveness, and vaccine availability have largely been resolved, a new concern has surfaced regarding long-term effects, particularly for those known as “longhaulers.”

During a recent briefing, Dr. Alex Johnson highlighted a national initiative aimed at studying individuals who continue to experience symptoms weeks or even months after their initial COVID-19 infection. “There are many critical questions that remain unanswered, and we hope to address these through our initiatives,” Johnson stated. As researchers focus on understanding long COVID, longhaulers, their employers, and disability advocates are seeking clarity on the legal protections available under federal disability laws.

No Official Guidance from the Equal Opportunity Commission

In discussions with legal expert Tara Green, JD, we learned that the Equal Employment Opportunity Commission (EEOC) has yet to provide specific guidance on whether long-term COVID symptoms qualify for protections under the Americans With Disabilities Act (ADA). Due to this absence of clear guidance, situations must be evaluated individually.

Qualifying Symptoms Under the ADA

To be eligible under the ADA, an impairment must significantly limit one or more major life activities, which can include functions such as breathing, eating, sleeping, and even concentrating. Importantly, the impairment does not need to be permanent; it simply must limit a major life activity substantially. For longhaulers, who are uncertain about the permanence of their symptoms, this aspect is crucial.

Requesting Reasonable Accommodations

Longhaulers who qualify for ADA protections can request reasonable accommodations from their employers. What constitutes a “reasonable accommodation” can vary based on individual circumstances, including symptoms, job responsibilities, and company size. For instance, someone dealing with brain fog may seek a flexible work schedule or additional breaks. Notably, the request does not need to be formal; even an oral request is sufficient.

A Continual Dialogue Between Employer and Employee

It’s important for the dialogue between employers and longhaulers to remain fluid. While employees may request specific accommodations, they are not guaranteed to receive exactly what they ask for. Employers should also regularly check in with employees experiencing long-term symptoms, as the nature of long COVID can change over time. The obligation to accommodate is ongoing; therefore, it’s essential to ensure that the accommodations continue to work effectively.

Uncertainty Over Federal Disability Benefits for Longhaulers

Separately from ADA considerations, questions arise regarding longhaulers’ eligibility for federal disability benefits. According to legal expert Sarah Thompson, a person must demonstrate a medical diagnosis, proof of work impairment, and that the condition has lasted or is expected to last for at least 12 months. This creates a challenge for longhaulers, as the long-term implications of COVID are still being studied.

The Social Security Administration has yet to take definitive action regarding longhaulers but indicates that existing disability policies should suffice for evaluating applicants affected by COVID-19.

As we reflect on the past year since the pandemic declaration, it’s clear that while many questions have been addressed, the issue of long COVID remains complex. The good news is that the conversation is ongoing, and resources are being developed to support longhaulers in navigating their challenges.

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Summary:

As COVID-19 continues to affect many even after initial recovery, longhaulers face unique challenges concerning workplace accommodations under the ADA. With no formal guidance from the EEOC, each case must be evaluated individually, keeping in mind that symptoms need to significantly limit major life activities to qualify. Ongoing communication between employers and employees is crucial to finding effective accommodations, while the question of federal disability benefits remains complex and unresolved.