Long Covid disabled millions of workers. Then came Trump 2.0.

Long Covid and Workplace Disability Accommodations Across Administrations

Covid has produced one of the largest increases in disability claims in the United States since the Americans with Disabilities Act took effect in 1990. Estimates indicate that millions of Americans experience persistent symptoms after infection, with some remaining in the workforce while others face reduced capacity. Studies have placed the share able to continue working at roughly 80 percent under varying conditions.

In July 2021, President Joe Biden stated during a White House event that Long Covid would qualify as a disability under existing federal statutes. The Department of Health and Human Services created a dedicated office for the condition in 2023. The ADA requires employers to provide reasonable accommodations when they do not impose undue hardship, covering adjustments such as modified schedules, remote work options, or changes to physical workspace.

Research has documented economic effects from unaccommodated cases. One analysis estimated lost wages and productivity at more than $12 billion in 2022. Separate reviews have found that accommodations correlate with higher employee retention and output in multiple sectors.

The Department of Labor under the Biden administration issued guidance stating its commitment to supporting workers with Long Covid and listing examples of accommodations, including flexible hours, role adjustments, and modifications to lighting or equipment. In 2025, the subsequent administration closed the HHS Long Covid office and the Labor Department removed the prior guidance from its public materials.

The Equal Employment Opportunity Commission issued a 2022 technical assistance document noting that certain uses of artificial intelligence in employment decisions could conflict with ADA requirements. No comparable updates have appeared since. Employee monitoring software that records keystrokes, time away from desks, and other metrics has expanded in use; some workers with chronic conditions have reported that such systems affect them when requesting schedule changes.

Employment attorneys report that workers with Long Covid often hesitate to request accommodations. A 2024 survey found nearly half of disabled employees and applicants who needed adjustments chose not to disclose the need, citing concerns over job security. Attorneys Barbara Comerford and Hillary Benham-Baker have described cases in which employers cite operational difficulties or subjective assessments when declining requests. Comerford noted that insurance carriers handling disability claims have adjusted their approaches in line with shifts in federal enforcement priorities.

Lee Frost contracted Covid in February 2020 and continues to manage ongoing symptoms. After leaving a position with extended hours and limited flexibility, she moved to a healthcare nonprofit that permits breaks as needed. She stated that the change improved her ability to maintain employment and daily function.

The Department of Justice Disability Rights Section continues to handle ADA matters through career staff. The EEOC has maintained activity on disability discrimination filings even as other categories of cases received less attention. A Bloomberg Law review in August 2025 found few published decisions involving Long Covid claims, attributing the low number to the condition’s variable presentation and limited case law.

Seton Hall law professor Doron Dorfman has pointed to the episodic nature of symptoms as a factor that complicates documentation and employer responses. EEOC data show total disability charges rose from under 23,000 in fiscal year 2021 to more than 36,000 in fiscal year 2025; the agency has not released a breakdown isolating Long Covid filings.

The ADA permits employers to deny accommodations when they demonstrate undue hardship. Attorneys note that this provision remains the primary basis for contested decisions. Legislation in 2008 broadened the statute’s definition of disability, but no further structural changes have occurred. Former Representative Tony Coelho, a lead sponsor of the original act, has advised against reopening the law in the current legislative environment.

State-level agencies in some jurisdictions have issued their own employer guidance on Long Covid. Benham-Baker has stated that clearer federal or state materials on common accommodations could assist compliance without requiring new statutes.

This article was published in partnership with The Sick Times.