The Department of Justice (DOJ) and the Department of Health and Human Service (DHHS) have released guidance addressing protections under the Americans with Disabilities Act (ADA) and the Rehabilitation Act for COVID-19 “long-haulers.” Symptoms of “long-COVID” can range from joint pain to neurological damage and may persist for months after the initial onset of symptoms. In short, “long-COVID” may be a protected disability under the ADA or Rehabilitation Act if the associated physical or mental impairment substantially limits one or more major life activities or major bodily functions. Each situation is different and should be analyzed based on the individual. However, the guidance provided by DOJ and DHHS clarifies that COVID “long-haulers” may be entitled to reasonable accommodations in the workplace and other legal protections pursuant to the ADA and Rehabilitation Act. The guidance can be found at:
If you have questions about the protections for individuals with disabilities pursuant to the ADA or Rehabilitation Act, please contact the Wick Law Office at 720-999-5390 or ben@wick-law.com.