The World Health Organization (WHO) recently reported over 46,780,000 confirmed cases of COVID-19 and over 756,000 resulting deaths in the United States alone. WHO, COVID-19 Dashboard (Nov. 17, 2021). While some compare COVID-19 to the seasonal flu, the approximately 48,000 domestic deaths from the seasonal flu over the past two years pale in comparison to the COVID-19 mortality numbers. Centers for Disease Control and Prevention (CDC), Past Seasons Estimated Influenza Disease Burden (Oct. 1, 2020). By any measure, the damage from the COVID-19 pandemic continues to increase, especially considering that one in three individuals who contract COVID-19 may continue to experience symptoms and ongoing health problems for weeks to months after their initial infection. CDC, MMWR Report (Sept. 19, 2021). The CDC refers to these long term effects of the COVID-19 illness as “long COVID,” and has described the symptoms as including difficulty thinking or concentrating (known as “brain fog”), tiredness or fatigue, difficulty breathing or shortness of breath, chest or stomach pain, headache, sleep problems, and symptoms that worsen after physical or mental activities. CDC, Post-COVID Conditions (Sept. 16, 2021). According to the CDC, long COVID can have long-term effects on the heart, lungs, kidneys, skin, and brain functions. Id.

The Department of Health and Human Services (DHHS) and the Department of Justice (DOJ) recognize long COVID as a “persistent and significant health issue.” DHHS & DOJ, Guidance on ‘Long Covid’ as a Disability Under the ADA, Section 504, and Section 1557 (July 26, 2021).Within the past five months, the DHHS, DOJ, and U.S. Equal Employment Opportunity Commission (EEOC) have confirmed that long COVID may qualify as a disability under the Americans with Disabilities Act (ADA). Id; EEOC, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (Sept. 9, 2021) (9/9/2021 EEOC Guidance).

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