January 12, 2023

New Study of Employees With Long COVID Demonstrates Need for More Workplace Accommodations

Since the beginning of the pandemic “long COVID” remains a new and poorly understood condition both for medical experts and people suffering from the condition. For workers, this has had a significant impact on their ability to remain productive at work. One in five people reporting a positive COVID diagnosis report experiencing symptoms of long COVID, according to the CDC. And, in a new study focused on long-COVID sufferers, 99% of participants reported that the condition had adversely affected their work. Participants reported having to take time off work, depression, anxiety, and even switching jobs.

The study also revealed that these problems are not merely personal, as employers have not done enough to create clear ways to communicate the availability for accommodations, which are required under the ADA, broadened in summer of 2021 to recognize “long COVID” as a disability. Respondents reported lack of workplace flexibility, poor communication, and a more general fear of broaching the subject with employers., all of which were more acutely felt among  respondents of color.

However, there is much that employers can do to help employees who are dealing with long COVID. The first is simply to talk more openly about the condition. Many people are not even aware they are suffering from long COVID because of the lack of diagnostic tools to point to the condition coupled with its similarities with other common mental health conditions. However, many of those conditions already allow for accommodations, so employers should not be fearful of widening the discussion to include long COVID. Additionally, many of those accommodations cost little, are easy to implement and have been used for other conditions for years, making it an easy target for employers.

The First Recession for Women

August 11, 2020
Gender Discrimination
There is a new feature to the pandemic-induced recession that has decimated employment, manufacturing, child care, education, and just about every other facet of life. It is women, not men who are the most greatly affected by the force of the shutdown.

The Berke-Weiss Law Weekly Roundup: Black Pregnancy in New York City and School Reopening Reversals

August 10, 2020
Race Discrimination
Pregnancy Discrimination
We’re now a week into the expiration of the enhanced unemployment benefits of the CARES Act and the news is not good. Congress and the White House remain at least a trillion of dollars apart on a new deal, with the Senate GOP split, though their prized bit of the CARES Act, the corporate bailout, did not have an expiration date, unlike those parts aimed at protecting workers, such as the PUA and eviction moratoriums. Thus, with depressing predictability, there were a spate of alarming stories this week echoing the fears that tenant unions and activists have been voicing for months: by ending employment relief we are hurtling toward a cliff, over which lies massive, nationwide evictions.

The Week in FFCRA Complaints: Yet More Wrongful Terminations and Retaliation

August 10, 2020
Leave
Disability Discrimination
As we noted last week, employers seem not to have gotten the message on paid leave under FFCRA and the two notable cases that came up this week both involve employer retaliation and wrongful termination against employees who were protected under FFCRA.

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