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 Berke-Weiss Law Weekly Roundup: While the Outlook Darkens, We Celebrate Some Small Victories

July 31, 2020
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The clock has essentially wound down on extending assistance for the 30+ million Americans currently on the unemployment rolls. White House officials and Congressional Democrats remain miles apart, with the latter rejecting a temporary extension of the benefits. There are also huge question marks over issues we focus on, particularly child care and employment law, both of which were in the news this week and are the subject of several of the stories we feature

The Week in FFCRA Complaints: Employers Do Not Seem to Understand Mandated Worker Protections

July 31, 2020
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t is starting to seem, from our perspective, that either employers have not been made sufficiently aware of the leave entitled to workers under the FFCRA or that they are willing to risk a lawsuit for wrongful termination.

With the HEALS Act the Fight over Pandemic Lawsuits Takes Center Stage

July 30, 2020
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Earlier this week, Senate GOP leadership introduced their $1 trillion opening response to the $3 trillion Congressional HEROES Act, originally proposed in May. As we have noted, the signal demand coming from Mitch McConnell’s office is liability protection (the “L” in HEALS) for businesses and health care organizations. Translated, McConnell wants to prevent workers from suing employers if they contract coronavirus at work. And the GOP appears firm that without consensus on this issue, there will be no new stimulus.

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