Two years after COVID-19 was first detected, the global pandemic has infected more than 300 million people, claimed the lives of almost 5.5 million, and changed the lives of everyone.
Much has been learned about the virus, but so much more remains a mystery. Surprisingly, Long COVID (also called post-acute COVID-19 or chronic COVID) has emerged as a disease with a wide range of new, returning or ongoing health problems experienced more than four weeks after the first COVID-19 infection. Even asymptomatic people can later present with Long COVID.
Want to subscribe to receive blog updates sign up today!
Dr. Devant Sanghavi, a critical care medicine specialist, breaks out Long COVID into three categories of symptoms: (1) direct cell damage preventing full recovery; (2) chronic hospitalization due to being in the hospital, ICU, or bedridden for weeks; and (3) post recovery onset. The five most common symptoms are fatigue, headache, attention disorder (sometimes called “brain fog”), hair loss, and shortness of breath. Other symptoms are related to lung disease (cough, chest discomfort, sleep apnea, pulmonary fibrosis), cardiovascular (arrhythmias, myocarditis), and neurological (dementia, depression, anxiety, obsessive-compulsive disorders).
In light of the rise of Long COVID as a significant health issue, the United States Office for Civil Rights of the Department of Health and Human Services (HHS) and the Civil Rights Division of the Department of Justice (DOJ) published a joint guidance in July 2021. The guidance explained that Long COVID can be a disability under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act if it substantially limits one or more major life activities. It also recognized Long COVID as a physical or mental impairment based on a physiological condition affecting one or more body systems given the damage it causes to multiple organs including the heart, lungs, kidneys, skin, and brain.
The guidance found that a person with Long COVID can be substantially limited in the following major life activities:
- Respiratory function due to shortness of breath, fatigue, and related effects.
- Gastrointestinal function due to intestinal pain, vomiting, and nausea.
- Brain function, concentrating, and/or thinking.
Consequently, people whose Long COVID qualifies as a disability are entitled to the same protections from discrimination as any other person with a disability under the ADA, Section 504, and Section 1557; they are entitled to full and equal opportunities to participate in and enjoy all aspects of civic and commercial life. This means that businesses or state or local governments will sometimes need to make changes to the way they operate to accommodate a person’s Long COVID limitations, such as:
- Providing additional time on a test for a student who has difficulty concentrating.
- Modifying procedures so a customer who is too tired to stand in line can announce their presence and sit down without losing their place in line.
- Providing refueling assistance at a gas station for a customer whose joint or muscle pain prevents them from pumping their own gas.
Stay tuned for further research results on the prevalence and longevity of this condition.
This post was partially informed by the United States HHS and DOJ joint guidance on Long COVID published at https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/index.html and https://www.ada.gov/long_covid_joint_guidance.pdf.
For information on subscribing to my blog and ordering books in my dwarfism trilogy, go to https://angelamuirvanetten.com.
2 replies on “Is Long COVID A Disability Under Civil Rights Laws?”
Wow! Very helpful info. Thanks
Interesting facts that people need to know!! Thanks for sharing this information.