You are a healthy individual when all of the sudden, you contract COVID-19. After living a healthy life, you develop serious health issues as the result of having COVID. This now affects your work and the rights that you have as an employee. What does the law say about your rights with COVID and the American’s with Disabilities Act? After learning your rights, what should you do?
According to the Equal Employment Opportunity Commission (or EEOC), “Long COVID” is now acknowledged as a disability. The U.S. Department of Health and Human Services released guidance that Long COVID is a disability under Titles II and III in the Americans with Disability Act (or ADA). This allows an individual inflicted by Long COVID the same rights as other disabled workers. Thus, an employee is allowed to ask for reasonable accommodations and is protected from discrimination as a result of his or her disability.
If you are experiencing symptoms of Long COVID, you may be able to apply for an accommodation for your disability. You should get in contact with your employer about your condition and have a medical professional confirm the disability. From here, your employer and you should engage in an interactive discussion to determine what is best for you and best for your employer.
If you want to look more into the HHS guidance, go to https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html
If you have questions about if your rights have been violated or you have been discriminated against because of your disability, please reach out to Cramer Law Group.
