has a disability if the person’s condition or any of its symptoms is a “physical or mental”
impairment that “substantially limits” one or more major life activities.
This guidance addresses the “actual disability” part of the disability definition. The
definition also covers individuals with a “record of” a substantially limiting impairment or
those “regarded as” having a physical impairment (whether substantially limiting or not).
This document does not address the “record of” or “regarded as” parts of the disability
definition, which may also be relevant to claims regarding long COVID.
a. Long COVID is a physical or mental impairment
A physical impairment includes any physiological disorder or condition affecting one or
more body systems, including, among others, the neurological, respiratory,
cardiovascular, and circulatory systems. A mental impairment includes any mental or
psychological disorder, such as an emotional or mental illness.
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Long COVID is a physiological condition affecting one or more body systems. For
example, some people with long COVID experience:
• Lung damage
• Heart damage, including inflammation of the heart muscle
• Kidney damage
• Neurological damage
• Damage to the circulatory system resulting in poor blood flow
• Lingering emotional illness and other mental health conditions
Accordingly, long COVID is a physical or mental impairment under the ADA, Section
504, and Section 1557.
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b. Long COVID can substantially limit one or more major life activities
“Major life activities” include a wide range of activities, such as caring for oneself,
performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting,
reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking,
writing, communicating, interacting with others, and working. The term also includes the
operation of a major bodily function, such as the functions of the immune system,
cardiovascular system, neurological system, circulatory system, or the operation of an
organ.
The term “substantially limits” is construed broadly under these laws and should not
demand extensive analysis. The impairment does not need to prevent or significantly
restrict an individual from performing a major life activity, and the limitations do not need
to be severe, permanent, or long-term. Whether an individual with long COVID is
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28 C.F.R. §§ 35.108(b), 36.105(b); 45 C.F.R. 92.102(c).
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While this guidance document focuses on long COVID, we note that COVID-19 is also a physiological
condition affecting one or more body systems, and is therefore also a physical or mental impairment.