Long COVID May Qualify as a Disability Under ADA, New Guidance Says
- July 30, 2021
People who continue to experience symptoms of COVID-19, known as long COVID, may qualify as disabled under federal disability nondiscrimination laws, the Department of Health and Human Services Office for Civil Rights (OCR) and Department of Justice (DOJ) said in guidance issued July 26.
So-called COVID “long-haulers” may continue to experience the effects of the virus for weeks or months after their initial illness, including tiredness or fatigue, “brain fog,” shortness of breath, and difficulty breathing.
The new guidance explains that disability protections under the Americans with Disability Act (ADA), Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act can extend to those with long COVID.
According to the guidance, which was issued on the 31st anniversary of the ADA, a person with long COVID has a disability if the individual’s condition or any of its symptoms is a “physical or mental” impairment that “substantially limits” one or more major life activities.
For example, a person with long COVID who has lung damage that causes shortness of breath, fatigue, and other effects is substantially limited in respiratory function, among other major life activities, the guidance notes.
"It's critical that we ensure people who have disabilities as a result of long COVID are aware of their rights under federal nondiscrimination laws," said Alison Barkoff, Acting Administrator and Assistant Secretary for Aging at the Administration for Community Living at HHS. "It also is crucial that they know how to connect to services and supports available if they now need assistance to live in their own homes, go to school or work, or participate in their communities."