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“Long-COVID” Covered by the ADA

by Jennifer Shaw | | July 29, 2021

The federal Departments of Health and Human Services and Justice issued guidance recently regarding “long COVID,” a condition afflicting some COVID-19 victims.  “Long haulers,” as they sometimes are called, continue to experience serious symptoms long after their initial infections. The guidance states that these individuals may be protected under the federal “Americans with Disabilities Act,” provides resources for additional information, and details best practices to address the difficulties long haulers may experience.

Employers should note that the guidance only applies to victims of long COVID, and not to those individuals who recover more quickly from the virus.

In addition, the guidance also applies outside the employment context, and covers students, customers at retail establishments, and others.

Because of the similarities between the ADA and California’s Fair Employment and Housing Act, the guidance is instructive to California employers.

Read the guidance here.

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Jennifer Shaw Founder
Jennifer Shaw is the founder of Shaw Law Group, and a 2019 recipient of the Sacramento Business Journal’s “Women Who Mean Business” award. A well-respected expert in employment law for more than 25 years, employers regularly rely on Jennifer to counsel them on a broad range of employment law issues. Jennifer’s practical advice covers subjects such as wage-hour compliance, anti-discrimination and harassment policies and procedures, reasonable accommodation/leave of absence issues, and hiring/separation processes. She is a trusted advisor to in-house counsel, HR professionals, and leadership across a broad spectrum of public sector and private sector employers.
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