In recent news there have been significant amounts of Covid-19 cases that never seem to have an “end date”. Long-term effects of the virus have become more and more prevalent in cases. Symptoms can include fatigue, headache, loss of taste or smell, as well as depression and anxiety. Additionally, with the recent rise of the Omnicron variant, symptoms have become more severe. With this recent uprising many have found it difficult to return to work with symptoms that are hindering to their every-day lives.
In response there has been recent evaluation by the EEOC, the Equal Employment Opportunity Commission, on how to handle these issues. There are many laws that protect against discrimination in the workplace such as, the American Disability Act, the Equal Pay Act, the Age Discrimination in Employment Act and so on. The EEOC has considered that those who have endured these harsh hindrances due to Covid-19 may be protected under the American Disability Act (ADA). The ADA, American Disability Act, was made effective in 1990. It holds that there must be equal employment opportunities for people with disabilities, there is to be no discrimination on the basis of a disability in state and local government services or public and commercial facilities, and that necessary accommodations must be made available. On July 26th 2021, The US Department of Health Human Services ADA and the US Department of Justice provided a Guidance on Long Covid as a disability under the ADA. Though this means accommodations will be made under section 504 regulations, however there is federal funding or benefits that can be claim due to Long Term Covid.
What the EEOC has stated we can look out for in the near future is the employer’s the right to assess their individual employees to determine their appropriate standards for accommodations to be made in the workplace. For example, those with minor symptoms that last a few weeks following a brush in with Covid-19 do not qualify for accommodations in the workplace. Those who suffer from long-term depression, or more extreme side effects can qualify for this.
With no end in sight of the Covid-19 virus, many deem this a necessary next step for getting back to normalcy and allowing people to maintain an income and employment while we face these grim times. There is no direct changes being made to the ADA law, it simply has been extended to cover the aftermath of Covid. The EEOC hopes that these extensions can help with the burdens in the meantime while we all attempt to return to normalcy in some capacity.
https://www.ada.gov/long_covid_joint_guidance.pdf
https://www.eeoc.gov/coronavirus
