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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Federal Family and Sick Leave for Covid-19 Expanded by New York District Court

August 14, 2020
Leave
Paid Family Leave
Pregnancy Discrimination
FMLA
S.D.N.Y. Judge Paul Oetken invalidated parts of the Department of Labor’s interpretation of the Families First Coronavirus Response Act in a lawsuit brought by New York State Attorney General Letitia James.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

New York State Human Rights Law Invoked in Sexual Harassment Arbitration Case

August 11, 2020
Sexual Harassment
A split has appeared in how to handle sexual harassment cases with a New York trial judge ruling recently that the state’s Human Rights Law prevents companies and employees from entering arbitration over sexual harassment. This contradicts an earlier ruling in New York’s Southern District where a judge ruled that arbitration under the Federal Arbitration Act (FAA) supersedes New York’s statutory prohibition against arbitration.

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