Some people who have been infected with the virus that causes COVID-19 experience long-term effects from their infection. This is known as Long COVID, which can include a wide range of ongoing health problems that can last for weeks, months or years.
Under the federal Americans with Disabilities Act (ADA), employers with 15 or more employees must provide reasonable accommodations to individuals with a disability, unless doing so would impose an undue hardship on the employer.
The ADA generally defines a disability as a physical or mental impairment that substantially limits one or more "major life activities" or a record of such an impairment. Depending on the situation, Long COVID may qualify as a disability and therefore entitle an individual to a reasonable accommodation.
Keep in mind that many states and local jurisdictions have their own laws that require reasonable accommodations for disabilities and may cover smaller employers and/or define a disability more broadly.
Here are answers to some frequently asked questions about reasonable accommodations for Long COVID.
Q: Is Long COVID always a disability under the ADA?
A: No. Under the ADA, an individualized assessment is necessary to determine whether a person’s Long COVID condition or any of its symptoms substantially limits a major life activity. Here are two examples covered in recent guidance from the U.S. Equal Employment Opportunity Commission, which enforces the ADA.
Q: What is a reasonable accommodation?
A: Generally, a reasonable accommodation is a change in the work environment or in the way work is customarily done that enables an individual to perform the essential functions of the job and enjoy equal employment opportunities.
Q: How do I know if an employee is asking for a reasonable accommodation for Long COVID?
A: The employee isn’t required to specifically mention the “ADA,” “Long COVID” or “reasonable accommodation.” Unless it is obvious, they just need to let you know they need an adjustment or change at work for a reason related to a medical condition. This should be treated as a request for a reasonable accommodation. Individuals may make requests in conversation or may use any other mode of communication. Such requests should prompt a dialogue with the employee, known as the interactive process, to assess the employee’s request (see question below).
Q: What should I do if an employee makes such a request?
A: If you are covered by the ADA and/or a similar state or local law, talk to the employee to determine whether they have a disability as defined by the applicable law, and if so, what limitations the disability imposes on their ability to perform their job. This is a part of what is commonly referred to as the interactive process. The exact nature of the interactive process will depend on how obvious the disability is, the limitations it imposes, and the type of accommodation required.
Q: What are some examples of accommodations for Long COVID?
A: The types of reasonable accommodations to address various symptoms of Long COVID vary, depending on a number of factors, including the nature of the symptoms, the job duties, and the design of the workplace. When exploring accommodations for employees with Long COVID, you can start by asking the employee for suggestions. Additionally, the Job Accommodation Network has published information on a variety of possible reasonable accommodations to address specific symptoms of Long COVID. Here are some examples.
Shortness of breath or difficulty breathing:
- Provide an alternative mask.
- Allow removal of mask when appropriate.
- Reduce the physical demands of the job.
- Allow rest breaks.
- Reduce workplace triggers.
- Allow time for medical treatment such as use of a nebulizer or inhaler.
- Restructure the job to remove marginal job functions.
- Develop a plan of action to deal with sudden exacerbations.
- Allow telework.
- Allow leave for treatment.
Tiredness or fatigue:
- Allow rest breaks.
- Provide an ergonomic workstation.
- Allow a flexible schedule.
- Restructure the job to remove marginal job functions.
- Allow telework.
Difficulty thinking or concentrating (sometimes called "brain fog"):
- Provide a quiet workspace.
- Allow use of noise cancellation or white noise.
- Provide uninterrupted work time.
- Provide memory aids such as flowcharts and checklists.
- Allow the use of apps for concentration, memory and organization.
- Allow rest breaks.
- Restructure the job to remove marginal functions to allow focus on essential job duties.
- Allow telework.
Depression or anxiety:
- Allow a flexible schedule.
- Allow rest breaks.
- Provide a rest area/private space to manage symptoms.
- Allow a support animal.
- Allow a support person.
- Identify and reduce workplace triggers.
- Allow leave for treatment.
Insomnia:
- Allow rest breaks to take quick naps.
- Allow a flexible schedule.
- Keep the workstation temperature on the cool side.
- Allow cold drinks at the workstation.
- Allow telework.
Fast-beating or pounding heart (known as heart palpitations):
- Allow rest breaks.
- Control the workstation temperature.
- Provide an ergonomic workstation.
- Allow drinks at the workstation.
- Develop a plan of action to deal with sudden exacerbations.
- Allow telework.
- Allow leave for treatment.
Joint or muscle pain:
- Allow rest breaks.
- Reduce the physical demands of the job.
- Provide an ergonomic workstation.
- Allow a flexible schedule.
- Restructure the job to remove marginal job functions.
- Allow telework.
- Allow leave for treatment.
Headache:
- Reduce workplace triggers.
- Provide alternative lighting.
- Reduce glare.
- Allow a flexible schedule.
- Allow telework.
Q: I have a list of a few options for reasonable accommodations for Long COVID … and the employee prefers one of them. Do I have to choose that one?
A: You should give the employee's preference primary consideration. However, you may choose another reasonable accommodation as long as the chosen accommodation is effective in removing the workplace barrier. For example, if there are two possible reasonable accommodations, and one costs more or is more burdensome than the other, you may choose the less expensive or burdensome accommodation as long as it is effective in removing the workplace barrier. You should document why you chose a particular accommodation, including why you think it will be effective.
Q: In what situations would I have to provide an accommodation to an individual with a "record of" an impairment that qualifies as a disability?
A: An individual with a record of an impairment may be entitled to a reasonable accommodation if needed and related to the past disability. For example, an employee who had Long COVID that qualified as a disability that is now in remission may need leave or a schedule change to permit them to attend follow-up or monitoring appointments with a healthcare provider.
Conclusion
Ensure your policies and practices for providing reasonable accommodation comply with applicable laws, and make sure your supervisors are trained on how to identify and respond to requests for accommodations.
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