President Biden announced on Monday, July 26, 2021, the 31st anniversary of the Americans with Disabilities Act, that the White House would push for people with long-term COVID symptoms to be protected against discrimination. The Americans with Disabilities Act prohibits discrimination on the basis of disability in public accommodation, employment, State and local government, commercial facilities, transportation and telecommunications. President Biden identified examples of lingering effects coronavirus survivors sometimes experience, including breathing problems, brain fog, chronic pain or fatigue. He noted that some of those effects could rise to the level of a disability. While we wait for legislative or judicial guidance or decisions on this subject, employers should contact employment counsel for any questions regarding disability accommodation and employees with long-lasting COVID symptoms.
Author: Attorney Anjali S. Kumar