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Table of Contents

‘Long COVID’ Discrimination Targets Disabled, DOJ and HHS Say

Washington D.C. – In a shocking move, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) have issued a joint guidance on ‘Long COVID’ and disability rights under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act.

As the nation commemorates the 31st anniversary of the ADA, the DOJ and HHS have taken steps to ensure that individuals with ‘Long COVID’ are protected from discrimination. According to the guidance, ‘Long COVID’ can be a disability under the ADA, Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, ‘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.’

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

The guidance explains that individuals with ‘Long COVID’ are entitled to equal opportunities and full participation in all aspects of life. It also provides resources for additional information and best practices.

The White House has shared a comprehensive package of resources for people with ‘Long COVID,’ which can be found at https://www.whitehouse.gov/briefing-room/statements-releases/2020/.

The DOJ and HHS are committed to enforcing federal civil rights laws and ensuring that individuals with disabilities are full and equal partners in the recovery from COVID-19.