COVID-19 may be considered a disability under the ADA when it substantially limits a person’s major life activities. If an employer denies a disabled employee’s request for a reasonable accommodation, it may give rise to a disability discrimination lawsuit.
The coronavirus pandemic has temporarily or permanently disabled millions of Americans, which has resulted in several lawsuits with outcomes that rest upon whether COVID-19 can be considered a disability under the ADA.
“I am immunocompromised and thinking of switching jobs. Because of my compromised immune system, I need to work remotely during the coronavirus pandemic to avoid exposure to COVID-19. My current employer allows me to work remotely as a reasonable accommodation, but I don’t want to move to another job if they will not provide it. How can I negotiate remote work as a reasonable accommodation from a prospective employer as a condition of employment?”
For many years, scientists have suspected that multiple sclerosis may be a post-viral illness. The newly discovered relationship between MS and the Epstein-Barr virus reveals a common thread between the MS and long COVID.
“My employer is requiring employees to use vacation days to cover any time off that is needed due to side effects from the COVID-19 vaccine. My employer is also refusing employees adequate time off for employees to quarantine following exposure to COVID-19. What should I do?”
“When should immunocompromised patients get their second COVID-19 vaccine booster after receiving monoclonal antibodies? We are getting conflicting information from doctors, the news, medical literature, and hospitals on whether it is safe to receive a COVID-19 vaccine or vaccine booster after receiving monoclonal antibodies and whether doing this will reduce the efficacy of the vaccine. We are in a quandary, not knowing what to do.”
On March 14, 2022, Pandemic Patients issued a letter of support for Sen. Kaine’s CARE for Long COVID Act, which was introduced on March 2, 2022.
On March 2, 2022, Sens. Kaine, Duckworth, and Markey introduced S. 3726, the Comprehensive Access to Resources and Education (CARE) for Long COVID Act. If enacted, this legislation will invigorate the federal government’s response to the growing needs of patients living with long COVID.
On December 14, 2021, the Equal Employment Opportunity Commission (EEOC) amended guidance titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” In the amended guidance, the EEOC clarifies that workers with COVID-19 can be protected from discrimination under the Americans with Disabilities Act (ADA). This document expands on guidance issued by the U.S. Department of Health and Human Services (HHS) in September 2021, which included several examples of how long COVID can meet the definition of disability under federal law.
On December 2, 2021, the Long COVID Alliance, joined by Pandemic Patients and a community of patient advocates, delivered a letter to the Senate Health, Education, Labor & Pensions (HELP) Committee. The Long COVID Alliance submitted this letter to the committee in an effort to persuade the committee to more meaningfully consider the impact of long COVID as a part of the country’s national response to the COVID-19 pandemic.
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