Long COVID Could Qualify as a Disability Under the American Disabilities Act

On July 26, President Biden announced that long COVID could soon qualify as a disability under the Americans with Disabilities Act (ADA). This new designation would allow people with long COVID to access federal resources and protections.

Of nearly two million COVID-19 patients, studies estimate that 23.2% have at least one post-COVID condition. The five most common long haul conditions are:

• Pain
• Breathing difficulties
• Hyperlipidemia
• Fatigue
• Hypertension

“More than 30 million Americans are COVID-19 survivors and up to 30% of them may experience some degree of long-term COVID, which is 10% of the U.S. population and the numbers are growing,” William Li, MD, internal medicine doctor, tells Verywell. 

How the Disability Designation Will Help 

Although Biden’s announcement serves as a policy directive rather than a new legal requirement, Erin Jackson, JD, a healthcare attorney at Jackson LLP Healthcare Lawyers, tells Verywell that the announcement is a big deal. 

“Civil rights laws like the Americans with Disabilities Act (ADA) have historically struggled to keep up with the times," Jackson says. "They often lag behind socially accepted change. This announcement signifies a timely reaction to our growing awareness of COVID’s impact, and it signals that those who suffer from post-COVID disabilities will be protected.” 

What the ADA Does

The ADA is a federal law that protects people with disabilities. If COVID-19 were to qualify as a disability, people with long COVID would be able to access reasonable accommodations and protections—one of which is the prohibition of discrimination.

“The ADA prohibits schools and healthcare providers from discriminating against those with disabilities," Jackson says. "So they will need to determine alternative ways to provide the same educational or medical services while reducing disability-related barriers."

For example, a school may begin offering aides to students experiencing lingering cognitive effects from COVID-19 infecton.

Under the ADA, there would also be employee protections for people with long COVID. Employers with more than 15 employees are required to provide reasonable accommodations.

Qualifying for Disability

The ADA is a flexible law that does not have strict definitions on who is and is not protected.

“Instead it is broad enough to acknowledge that humans experience identical conditions in very different ways," Jackson says. "And it says that the law will protect them when those experiences become disabling."

According to Jackson, to be protected by the ADA, an individual needs to prove that they are experiencing a substantial impairment—meaning a physical or mental impairment that limits one or more major life activities, such as:

• Caring for oneself
• Eating
• Sleeping
• Walking
• Standing
• Seeing
• Lifting
• Bending

“Employers can ask job applicants if they are able to perform a job’s basic functions and what accommodations they might need,” Jackson says, adding that as long as employees can assert that they have a qualifying disability, they will be protected by the ADA. 

Looking Ahead

There are still many unknowns about long COVID. Researchers around the world and government public health organizations like the Centers for Disease Control and Prevention (CDC) are working to better understand long COVID and find ways to treat it.

As the people living with lingering COVID symptoms try to adapt, President Biden’s announcement takes a first step in accommodating their needs.

“There is still a ton of work to be done to solve the mysteries of long-term COVID," Li says. "Until then, making long-term [COVID a] disability will be a big step forward to help millions of people navigate their lives as they recover."

The information in this article is current as of the date listed, which means newer information may be available when you read this. For the most recent updates on COVID-19, visit our coronavirus news page.