English
Spanish
Guidance on “Long COVID” as a Disability
The U.S. Department of Health and Human Services (HHS) and the U.S. Department of Justice (DOJ) have released new guidance on “Long COVID” as a disability under the Americans with Disabilities Act (ADA). Below is an excerpt of the guidance put out by HHS and the U.S. Department of Justice, “Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557.”
Although many people with COVID-19 get better within weeks, some people continue to experience symptoms that can last months after first being infected, or may have new or recurring symptoms at a later time. This can happen to anyone who has had COVID 19, even if the initial illness was mild. People with this condition are sometimes called “long-haulers.” This condition is known as “long COVID.” In light of the rise of long COVID as a persistent and significant health issue, the Office for Civil Rights of the HHS and the Civil Rights Division of the DOJ have joined together to provide guidance on long COVID.
This guidance explains that long COVID can be a disability under the ADA which protects people with disabilities from discrimination. This guidance also provides resources for additional information and best practices.
What is long COVID and what are its symptoms?
According to the Centers for Disease Control and Prevention (CDC), people with long COVID have a range of new or ongoing symptoms that can last weeks or months after they are infected with the virus that causes COVID-19 and that can worsen with physical or mental activity. Examples of common symptoms of long COVID include:
- Tiredness or fatigue
- Difficulty thinking or concentrating (sometimes called “brain fog”)
- Shortness of breath or difficulty breathing
- Headache
- Dizziness on standing
- Fast-beating or pounding heart (known as heart palpitations)
- Chest pain
- Cough
- Joint or muscle pain
- Depression or anxiety
- Fever
- Loss of taste or smell
This list is not exhaustive. Some people also experience damage to multiple organs including the heart, lungs, kidneys, skin, and brain.
Can long COVID be a disability under the ADA, Section 504, and Section 1557?
Yes, long COVID can be a disability under the ADA, Section 504, and Section 1557 if it substantially limits one or more major life activities. A person with long COVID has a disability if the person’s condition or any of its symptoms is a “physical or mental” impairment that “substantially limits” one or more major life activities.
Please refer to the full document, Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557, for more details on long COVID.
Resources for Long COVID
- The Office for Civil Rights of the Department of Health and Human Services (HHS): Civil rights and COVID-19
- If you believe that an entity covered by HHS civil rights laws has violated your rights protected under these authorities, you may file a complaint.
- If you believe that an entity covered by HHS civil rights laws has violated your rights protected under these authorities, you may file a complaint.
- The Civil Rights Division of the Department of Justice has a on its ADA website that discusses topics related to COVID-19 and the ADA.
- If you believe that you or another person has been discriminated against by an entity covered by the ADA, you may file a complaint with the Disability Rights Section (DRS) in the Department of Justice.
- If you believe that you or another person has been discriminated against by an entity covered by the ADA, you may file a complaint with the Disability Rights Section (DRS) in the Department of Justice.
- CDC’s website has the following page on post-COVID conditions, which discusses long COVID
- The Administration for Community Living’s document, “How ACL’s Disability and Aging Networks Can Help People with Long COVID,” provides information on resources and programs to assist people with long COVID.
- Individuals who wish to learn more about COVID-19 and employment can visit the Equal Employment Opportunity Commission (EEOC) page on COVID-19 information and resources and the Office of Disability Employment Policy’s webpage on Coronavirus resources.
- The EEOC’s main COVID-19 publication: What You Should Know about COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
- Information about filing an employment discrimination charge.
- The Biden-Harris Administration marks the anniversary of Americans with Disabilities Act and announces resources to support individuals with long COVID.
Disability Information and Assistance Line (DIAL)
- DIAL can provide information about services you may be eligible for and connect you to them. DIAL also can help you get vaccinated if long COVID is making it difficult for you to find vaccine sites, make or keep appointments, or find the information you need to make decisions. Learn more about DIAL.
- To use DIAL, call 888-677-1199 Monday-Friday from 7a.m. to 6p.m. (Mountain) or email DIAL@n4a.org.
- Older adults also can visit the Eldercare Locator online or call 800-677-1116 to chat live or browse resources