Long COVID sufferers are pleased to hear about receiving disability protections within the United States. On Tuesday, the EEOC gave out official guidance regarding this, claiming that COVID can cause enough damage to establish either mental or physical disabilities.
This is including when it aggravates other preexisting conditions that may eventually be considered disabilities, though they weren’t considered disabilities previously.
According to the U.S. Department of Health and Human Services, people with the condition Long COVID, also referred to as “long haulers,” may be considered disabiled under Titles II and III, Section 504 of the Rehabilitation Act of 1973, and Section 1557 of the Patient Protection and Affordable Care Act. 
These federal laws are meant to protect people with disabilities from discrimination, and the guidance was written with the intention of providing resources, best practices, and additional information. These rights are apparently meant to apply during emergencies and cannot be waived.
Long COVID can apparently happen to anyone who has had COVID-19, even if the initial illness was mild. This is because the symptoms and effects may possibly return or continue months after infection, including experiencing brand new or recurring symptoms. The HHS has also displayed a non-exhaustive list of potential symptoms in its article.
However, according to Bloomberg Law, those who had COVID but were asymptomatic or only had mild symptoms only lasting a few weeks, without any other consequences, would not qualify as having a disability. That doesn’t mean that there’s an exact limitation for length of time, including symptoms coming and going.
What makes Long COVID a disability is the person is experiencing a physical or mental impairment that substantially limits one or more major life activities. However, this must be determined in individualized assessments. 
Regardless, those who qualify as having a disability are entitled to full and equal opportunities in all aspects of civic and commercial life, as well as “reasonable modifications” and reasonable accommodations where applicable. 
The EEOC has clarified that those with COVID-related disabilities are not automatically entitled to reasonable accommodation, as reasonable accommodations may not apply to the job or the onset of the disability may no longer make the person qualified to perform key aspects of the job.
Interestingly, according to Lexology, there are potential circumstances where a person is not actually disabled but is perceived by their employer as having one, and this does constitute a disability. However, the EEOC apparently goes in depth to clarify some of the exceptions to this as well, some of which include either minor or non-minor symptoms.
The EEOC is also noted as having made the point that an employer making an adverse employment action, like firing the employee, doesn’t necessarily violate the laws. Though there are also some exceptions for this, including the employee being able to perform in their job. 
This also may include the employee exiting an infectious period where they would no longer be able to direct a threat toward others. The Hill draws attention to the fact that an employee may be considered as a person with a disability if they’re fired for displaying symptoms.
Eve Hill, a board chair of the Bazelon Center for Mental Health Law, says that this changes nothing in the law. “It’s what we’ve been saying the whole time, that COVID can be a disability. 
Additionally, Karla Grossenbacher, a partner at Seyfarth Shaw who is focused on labor and employment law, says that this is “clear guidance on how to analyze the issue.”
However, the guidance doesn’t make everything as clear as one might like. The EEOC has also stated that “the definition of disability is construed broadly in favor of expansive coverage, to the maximum extent permitted by the law. Nonetheless, not every impairment will constitute a disability under the ADA.”
Again, it should be emphasized that persons with Long COVID will need to undergo individualized assessments before concrete determination of whether they have a disability or not.

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