To Be, Or Not To Be, Will Long COVID Be Reasonably Accommodated Is the Question

41 Pages Posted: 23 Feb 2022

Date Written: February 17, 2022

Abstract

To be, or not to be, that is the reasonable accommodation question: whether Long COVID will be reasonably accommodated now that it is covered under disability antidiscrimination law. Some manifestations of Long COVID will certainly be considered disabilities under the Americans with Disabilities Act (ADA). However, even if it is considered a disability, that does not mean the employer will provide reasonable accommodations because Long COVID, like any other disability, is susceptible to what an employer deems as reasonable. Comparatively, Lyme Disease and Chronic Fatigue Syndrome are like Long COVID because they tend to have fatigue as a primary symptom. Therefore, given the historical lack of accommodations provided for Lyme Disease and Chronic Fatigue Syndrome, the question of reasonable accommodation under disability antidiscrimination law remains an ongoing concern. An additional factor embroiling the reasonable accommodation question is the reality that People of Color are not only at a higher risk of contracting, experiencing complications, and dying from COVID-19; they are also more susceptible to developing Long COVID and losing their jobs. Therefore, this Article encourages using a Disability Studies and Critical Race Theory (commonly referred to as “DisCrit”) lens to consider structural issues continually perpetuating disparities while exploring to what extent disability antidiscrimination laws assist those dealing with Long COVID.

Keywords: Long COVID, Lyme Disease, Chronic Fatigue Syndrome, Disability Studies and Critical Race Theory, Reasonable Accommodation, Americans with Disabilities Act, Section 504, Rehabilitation Act of 1973, People of Color, Disability Antidiscrimination Law, Disability, Ableness as Property

Suggested Citation

Guevara, Angelica, To Be, Or Not To Be, Will Long COVID Be Reasonably Accommodated Is the Question (February 17, 2022). Minnesota Journal of Law, Science & Technology, Vol. 23, No. 253, 2022, Available at SSRN: https://ssrn.com/abstract=4037615

Angelica Guevara (Contact Author)

Business Law and Ethics ( email )

1309 E 10th Street, Hodge Hall 4100
Bloomington, IN 47405
United States

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