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: School Reopenings and Employer Liability among Hot-button Issues

July 17, 2020
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This week includes updates on the latest roadblocks at another round of stimulus, which remains necessary as more than 30 million Americans remain out of work, officially, and countless more are shut out of the social welfare programs offered in the US. We also highlight school re-openings and general Covid risk analysis.

The Week in FFCRA Cases Includes Multiple Worker Complaints in the Food Supply Sector

July 17, 2020
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The three cases highlighted in this weeks’ FFCRA complaint roundup include two filed by plaintiffs working in restaurants and another from a plaintiff employed in food distribution. Because the entire food supply chain has been deemed essential, workers in the industry have little ability to leave work to care for sick family members or children since the childcare industry cratered.

Berke-Weiss Law Writes About Free Speech in the Workplace for Law360

July 15, 2020
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Berke-Weiss Law answers some questions on many New Yorkers’ minds right now in Law360: can I be fired for protesting or posting about politics on social media? Am I entitled to take time off to protest? Can my employer force me to take a Covid-19 test after protesting but before returning to my workplace?

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