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COVID-19 and the Americans with Disabilities Act

Guidance & Resources

Read this to get specific guidance about this topic.

“As a Nation, we cannot adequately respond to, and recover from, COVID-19 if we do not protect all of our neighbors. Civil rights protections and responsibilities still apply, even during emergencies. They cannot be waived.”

-Pamela S. Karlan Principal Deputy Assistant Attorney General for Civil Rights

Common Questions About COVID and the ADA

  • Yes.

Long COVID can be a disability under the ADA if it substantially limits one or more major life activities. There is a wide range of ways that this could present itself.

Some examples include:

  • A person with long COVID who has lung damage that causes shortness of breath, fatigue, and related effects is substantially limited in respiratory function, among other major life activities.
  • A person with long COVID who has symptoms of intestinal pain, vomiting, and nausea that have lingered for months is substantially limited in gastrointestinal function, among other major life activities.
  • A person with long COVID who experiences memory lapses and “brain fog” is substantially limited in brain function, concentrating, and/or thinking.

  • No.

An individualized assessment is needed to determine whether a person’s long COVID condition or any of its symptoms substantially limits a major life activity.

For more information, see the Department’s Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557.

Learn more about the Civil Rights Division’s disability response to Coronavirus

Department of Justice Fact Sheet: Accessibility of COVID-19 Vaccine Websites and the Americans with Disabilities Act (5/11/22)

Departments of Justice and Education Issue Guidance on Supporting and Protecting Rights of Students with Mental Health Disabilities in Era of COVID-19 (10/13/21)

Guidance on When "Long COVID" May Be a Disability Under the ADA, Section 504, and Section 1557 (7/26/21)

Leading a Coordinated Civil Rights Response to Coronavirus (COVID-19) Statement by Principal Deputy Assistant Attorney General Pamela S. Karlan (4/2/21)

The Department of Justice Warns of Inaccurate Flyers and Postings Regarding the Use of Face Masks and the Americans with Disabilities Act Press Release (6/30/20)

Protecting Civil Rights While Responding to the Coronavirus Disease 2019 (COVID-19) Statement by Assistant Attorney General Eric S. Dreiband (4/28/20)

ADA Emergency Management Resources

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