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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The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
Leave
Disability Discrimination
t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

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