DOJ and HHS Disability Guidance on Long COVID

Author: U.S. Department of Justice (DOJ) - U.S. Department of Health and Human Services (HHS)
Published: 2021/09/13 - Updated: 2025/03/01
Publication Details: Peer-Reviewed, Announcement
Topic: Americans with Disabilities Act (ADA) - Publications List

Page Content: Synopsis - Introduction - Main - Insights, Updates

Synopsis: This report, jointly issued by the U.S. Department of Justice and the U.S. Department of Health and Human Services, clarifies that long COVID can be recognized as a disability under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act. It explains that individuals experiencing long-term symptoms post-COVID-19 infection, such as fatigue or brain fog, may qualify for disability protections if these symptoms substantially limit major life activities. This information is crucial for affected individuals, including seniors and those with disabilities, as it outlines their rights and the legal obligations of employers, schools, and healthcare providers to provide necessary accommodations - Disabled World (DW).

Introduction

As we commemorate the 31st anniversary of the Americans with Disabilities Act (ADA), the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) are jointly publishing guidance on how "long COVID" can be a disability under the ADA, Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act. The guidance is on the DOJ website and on the HHS website.

Main Item

Some people continue to experience symptoms that can last weeks or months after first developing COVID-19. This can happen to anyone with COVID-19, even if the initial illness was mild. People with this condition are sometimes called "long-haulers," - and the condition they have is known as "long COVID."

With the rise of long COVID as a persistent and significant health issue, the DOJ Civil Rights Division and the HHS Office for Civil Rights (OCR) have joined to provide this new guidance. This guidance explains that long COVID can be a disability under the ADA, Section 504 of the Rehabilitation Act of 1973, and Section 1557 of the Affordable Care Act, and explains how these laws may apply. Each of these federal laws protects people with disabilities from discrimination. This guidance also provides resources for additional information and best practices.

"The ADA is one of our most transformative civil rights laws, helping to ensure that our schools, courthouses, townhalls, businesses, and workplaces are open to all people, regardless of their disability status," said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division.

"This anniversary, we recognize the ongoing challenges to full equality, including COVID-19's devastating and disproportionate impact on people with disabilities. As many of our neighbors find themselves with long-lasting effects from COVID-19, we are committed to ensuring that people understand their rights under federal nondiscrimination laws. The Department of Justice will vigorously enforce the ADA and other federal civil rights laws to ensure that as the nation responds to and recovers from COVID-19, those with disabilities are full and equal partners in that recovery."

"Some individuals recover quickly from COVID, but others experience debilitating long-term impairments that substantially limit major life activities," said Acting Director Robinsue Frohboese of HHS's Office of Civil Rights.

"This guidance makes clear that these individuals are entitled to equal opportunities and full participation in all aspects of life. We honor the 31st anniversary of the ADA. This law established a clear and comprehensive national mandate for eliminating discrimination against individuals with disabilities,' and deepened our commitment to enforcing federal civil rights laws. OCR is committed to advancing the principles of non-discrimination and equity and will continue to guide so that consumers understand their rights and providers fulfill their obligations."

"We must ensure people who have disabilities as a result of long COVID are aware of their rights under federal nondiscrimination laws," said Acting Administrator and Assistant Secretary Alison Barkoff for Aging at the Administration for Community Living at HHS.

"It also is crucial that they know how to connect to services and supports available if they now need assistance to live in their own homes, go to school or work, or participate in their communities."

This guidance, along with a directory of resources available through programs funded by the Administration for Community Living (ACL), was shared by the White House as part of a comprehensive package of resources for people with long COVID.

The ACL directory of resources for those with long COVID.

This guidance is one of many actions HHS has taken in recent months to address long COVID. In February, HHS launched a new initiative to study long COVID. Led by NIH, the goal of the initiative is to learn more about how COVID-19 may lead to widespread and lasting symptoms and to develop ways to treat or prevent these symptoms. In addition to the initiative, HHS, through the COVID-19 Health Equity Task Force and OCR, held listening sessions on long COVID with health advocates, and NIH held a workshop with experts to identify key gaps in knowledge about the condition.

Additional Resources

• OCR has a webpage devoted to COVID-19 and civil rights issues.
• Other ACL resources and information about COVID-19 for people with disabilities.
• DOJ's Civil Rights Division has a page on its ADA.gov website that discusses topics related to COVID-19 and the ADA.
• The Centers for Disease Control and Prevention's (CDC) website has a page on post-COVID conditions, which discusses long COVID.
• If you believe that you or another person has been discriminated against by an entity covered by federal civil rights laws, you may file a complaint with OCR.
• ACL and OCR partnered to create a website that tells the story of how the ADA came to be, showcases some of the progress we have made as a country toward achieving its promise, and illustrate a little bit of the work being done by ACL and OCR, as well as other partners within HHS and across government.
• If you believe that an entity covered by the ADA has discriminated against you or another person, you may file a complaint with the Disability Rights Section (DRS) in the Department of Justice.

Insights, Analysis, and Developments

The recognition of long COVID as a potential disability marks a significant advancement in disability rights, ensuring that those affected receive equitable treatment and access to necessary resources. This development underscores the evolving understanding of COVID-19's long-term effects and the importance of adapting legal frameworks to address emerging health challenges. As the long-term effects of COVID-19 continue to emerge, this article highlights the evolving nature of disability rights and accommodations. It underscores the importance of adaptability in our legal and social systems to address new health challenges, ensuring that those affected by long COVID receive the support and protections they need to participate fully in society

Attribution/Source(s): This peer reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by U.S. Department of Justice (DOJ) - U.S. Department of Health and Human Services (HHS) and published on 2021/09/13, this content may have been edited for style, clarity, or brevity. For further details or clarifications, U.S. Department of Justice (DOJ) - U.S. Department of Health and Human Services (HHS) can be contacted at justice.gov NOTE: Disabled World does not provide any warranties or endorsements related to this article.