“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

Can long COVID be a disability under the ADA?

1. 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:

1. 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.
2. 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.
3. A person with long COVID who experiences memory lapses and “brain fog” is substantially limited in brain function, concentrating, and/or thinking.

Is long COVID always a disability under the ADA?

1. 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

The Americans with Disabilities Act authorizes the Department of Justice (the Department) to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This document provides informal guidance to assist you in understanding the ADA and the Department’s regulations.

Guidance documents posted to this website are not intended to be a final agency action, have no legally binding effect, and have no force or effect of law. The documents may be rescinded or modified in the Departments’ complete discretion, in accordance with applicable laws. The Departments’ guidance documents, including this guidance, do not establish legally enforceable responsibilities beyond what is required by the terms of the applicable statutes, regulations, or binding judicial precedent. For more information, see 1-19.000 – Principles for Issuance and Use of Guidance Documents, https://www.justice.gov/jm/1-19000-limitation-issuance-guidance-documents-1.