September 3, 2021

Federal Government Considers Long Covid a Disability

     

For many people throughout the world, getting Covid was only the start. The condition long Covid has affected hundreds of thousands, though official estimates still vary widely. In addition to physical symptoms, many with long Covid report that the condition hinders their ability to work the way they did before becoming sick. Many report difficulty in paying attention, problems with memory, and “brain fog.” Even children are affected by the condition.

In light of this persistent problem, the federal government has made moves to expand disability coverage to include long Covid sufferers. President Biden made the announcement in July as part of the country’s celebration of the 31st anniversary of the passage of the Americans with Disabilities Act (1990). The Department of Education moved to provide guidance as well for what accommodations schools would be required to provide students with the condition.

The change in disability coverage, however, is not a blanket change, and the determination of whether a person’s long Covid symptoms qualify remains on an individual basis. The Department of Health and Human Services has provided helpful guidance as has the Department of Education.

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NYU Law Center for Labor and Employment Law Conference

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Laurie Berke-Weiss introduced Hon. Victoria Lipnic, acting Chair of the U.S. Equal Opportunity Commission at NYU's Labor and Employment Law Conference.

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