Tag: Judicial Action

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Long COVID Patients Bring ERISA Lawsuits to Secure Disability Benefits

American employers have experienced troubling economic consequences of the coronavirus pandemic as many of their employees have become newly disabled by long COVID. In turn, some employees with long COVID have relied on the Employee Retirement Income Security Act of 1974 (ERISA) to obtain the benefits they are entitled to under their employers’ benefit plans.

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FMLA Shields Long COVID Patients from Workplace Retaliation

The coronavirus pandemic has jeopardized the health of countless American workers and has caused many to take medical leave to following an infection with COVID-19. For some people, COVID-19 can cause severe illness, which can qualify as a serious health condition under the FMLA. Unfortunately, some employers have not respected the FMLA rights of their employees, which has resulted in several lawsuits being brought on their behalf.

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Federal Courts Uphold Reasonable Accommodations for COVID-19

Federal guidance jointly issued by the U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ), along with guidance issued by the Equal Employment Opportunity Commission (EEOC), clarify when COVID-19 may be considered a disability under the ADA. For example, COVID-19 may substantially limit a major life activity for an individual when virus-related effects last or are expected to last several months.

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