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November 28, 2022 15 mins

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In this episode of the Employee Survival Guide, Mark discloses the unspoken impact of the pandemic. The following statement is going to surprise you.  There are an estimated 191,796,906 people living in the U.S. who have a disability called Covid-19. (The CDC has reported that 61 million adults in the U.S. live with a disability, but it is unclear if this number includes Covid-19 infections).  This includes both individuals who have "recovered" from Covid-19 and those with long-haul Covid-19.

If nearly 60% of the U.S. population has a disability, then Covid-19 has also become a mass-equalization event.  The disease affects all races, genders, ages, nationalities.  Yes, now 60% of all of you have something in common, Covid-19, and you all live with a shared experience that may transform how you think about one another.  It may be difficult to dislike someone who has something in common with you.  Covid-19 may just be the one event where we all look at each other equally, not clouded by some form of bias associated with skin color, sexual orientation, gender, age, nationality, political affiliation, wealth group etc.

But explores a darker truth about post-Covid-19 infection, the U.S. Government does not recognize all recovered Covid-19 patients as having a physical nor mental disability under the Americans With Disabilities Act and the Rehabilitation Act of 1973.   To recognize this situation would cost insurance companies, employers and the U.S. Government billions in disabilities benefits.  Mark will explore this dark truth in a follow up episode. 

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Mark as Played
Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Unknown (00:09):
Hey, it's Mark here and welcome to the next edition of
the Employee Survival Guidewhere I tell you what your
employer does not want to knowabout as usual, and a lot more.
Today's episode we're going totalk about a topic that nearly
60% of the US population has hadCOVID and now has a disability.
The Coronavirus pandemic hasbeen labeled a mass disabling

(00:32):
event where millions and USpopulation have become infected
with COVID-19 and thusconsidered disabled under
federal, state and localdisability laws. According to
the CDC data, an estimated 57%of the US population has had
COVID-19 Or has had an COVID-19infection as of February 2022.
According to the US CensusBureau, there are an estimated

(00:54):
332 million people living in theUS as of January one 2022. There
are an estimated 991 millionpeople in the US who have had
COVID 19, a group I will nowlabel as the new majority.
However, the CDC reports therewere only 97 million reported
cases as of November 18 throughlesson 22. The number of
reported cases is likelyunderreported due to increased

(01:17):
vaccination rates on reportedpositive home test results, lack
of mandatory reporting by publicofficials and increased public
ambivalence regarding thepandemic. The following
statement is going to surpriseyou. Based on the above data,
there are an estimated 191million people living in the US
who have a disability calledCOVID-19. The CDC has reported

(01:40):
that 61 million adults in the USlive with a disability. But it
is unclear if that numberincludes COVID-19 infections.
Coincidentally, there are 140million people in the US who
have never contracted COVID-19.
I'm labeling this group the newminority. I suspect and you
probably intuitively agreed thisnumber will dwindle as more
people contract COVID-19 in thecoming years after each new

(02:04):
variant wave arises. So the newminority will grow smaller. But
why is this important? The newminority will have a viewpoint
about public policy, businessand the law. And they'll want
their voices to be heard onpresent issues of the day. By
implication the new minoritywill be non disabled, their
viewpoint may be dramaticallydifferent than the new majority

(02:27):
of the pot in the populationalready, in fact, it just think
like mass squares and non masssquares, but politically charged
probably, this discourse has yetto rise to national level, but
it will all differences in andamong the US population
eventually assert theirinfluence in the public debate
at some point in time, if nearly60% of the US population has a

(02:50):
disability, and COVID-19 hasalso become a mass equalization
event. The disease affects allraces, genders, ages,
nationalities. Yes, now 60% ofall of you have something in
common COVID-19. And you alllive with a shared experience
that may transform how you thinkabout one another. It may be
difficult to dislike someone whohas something in common with

(03:13):
you. COVID-19 may just be theone event where we all look at
each other equally, not cloudedby some form of bias associated
with skin color, sexualorientation, gender, age,
nationality, politicalaffiliation, wealth group, etc.
Now, you have probably concludedthat not every case of COVID-19
renders someone disabled andthus the term disability should

(03:36):
not apply. I beg to differ.
Certainly we now know there area significant number of the US
population that might havesymptoms that last a long time
after the infection, the socalled the long haul COVID-19,
according to the Mayo Clinic,but to say that everyone who has
recovered from COVID-19, notonce but twice or even three

(03:59):
times does not have a disabilityis premature. as of this date,
we have no understanding of thelong term impact of COVID-19 on
the health of the population. Wedon't know what really causes or
what can cure COVID-19. And sohow can the federal government,
typically the Department ofJustice, and the Equal
Employment OpportunityCommission issued guidance to

(04:22):
tell us that only those who havelong COVID have disability and
those who don't have long hauldon't have a disability? Because
we don't know what COVID-19 is.
You could have let's say cancerin remission, are you disabled
or not disabled? So, and I'lladdress this in a subsequent
podcast on this topic of whetheryou have a disability or not

(04:43):
when after you recover from yourinfection, but back to Long Haul
COVID According to the MayoClinic, post COVID-19 syndrome
involves a variety of newreturning and ongoing symptoms
that people experience More thanfour weeks after getting
COVID-19 And some people postCOVID-19 syndrome lasts months
or years and causes disability.

(05:06):
The most commonly reportedsymptoms of post COVID-19
syndrome include the followingfatigue symptoms, I guess get
worse after physical and mentaleffort, fever, lung respiratory
symptoms, including difficultybreathing, shortness of breath
and cough. Other possiblesymptoms include neurological
symptoms or mental healthconditions, including difficulty

(05:29):
thinking or concentrating,headache, sleep problems,
dizziness, when you stand, pinsand needles feeling, loss of
smell or taste, depression oranxiety, and I'll insert here
depression and anxiety relatedto the whole Pete situation of
the lockdowns and dealing withCOVID and its initial outbreak.
I mean, the entire populationprobably has this and to say

(05:52):
that they're not disabled,because they have these
conditions that are mentalnervous, meaning they're having
PTSD related to lock downs, etc.
is really become an asinine saythat they're not disabled, but
that's the position of thegovernment which I'll address in
a separate podcast. Othersymptoms include joint and
muscle pain, heart symptoms andconditions including chest pain

(06:14):
and fast pounding heartbeat,digestive symptoms, including
diarrhea and stomach pain. Thatsounds awful. Here's a good one
blood clot and blood vesselvascular issues, including a
blood clot that travels to thelungs from deep veins and legs
and blocked blood flow to thelungs, also called a pulmonary
embolism, not fun folks. Othersymptoms such such as a rash and

(06:38):
changes in the menstrual cyclefor women. I would argue these
post COVID-19 syndrome symptomsconstitute a physical
disability, and in some cases Icomorbid mental disability as I
discussed earlier, protected bythe federal, state and local
disability laws. nearly 60% ofthe US population is now
disabled, and protected againstDisability Discrimination and

(07:01):
Employment. Post COVID-19syndrome symptoms qualify under
the Americans with DisabilitiesAct, because COVID-19 adversely
in substantially limits one ormore major life activities. In
addition, every person who hashad COVID-19 now has a history
or a record of impairment andmay be perceived by others as
having the impairment. He forexample, employees who suffer

(07:25):
for long haul COVID 19, fatigueand cognitive issues which
impair their ability to work. Ifyou have had or had COVID-19,
you are protected againstdisability discrimination. And
you can also request reasonableaccommodations at work. Do not
hesitate to use your newlyprotected status as a shield to
protect yourself from youremployer's unlawful and

(07:48):
discriminatory conduct whileworking in seeking reasonable
accommodations, such as remoteworking and flexible work
schedules. But you can also useyour disability as a sword in
the event you are being laid offor terminated from your
employment. All you need to dois spell out the factual
narrative regarding how yourCOVID-19 illness adversely

(08:10):
affected your ability to do yourjob and lead to termination.
Specifically, you should assertyour COVID-19 disability and
resulting discrimination in yourseverance negotiation with your
employer. Now, getting back tothe issue of whether 60% of
population has a disability, thefederal government right today
says you do not if you don'thave long term COVID symptoms.

(08:33):
So Long Haul COVID Long HaulCOVID-19 syndrome. And I'm going
to assert that when I issued thearticle that which this blog,
this podcast is based on therewas a law professor at Yale
University, which I won't namewho basically canceled or
unsubscribe to me. And I noticedit not because I mean people
unsubscribe all the time, ofcourse. But the individual in

(08:57):
question was a recognizablename. And that person was also
part of the Bidenadministration's lead counsel,
or one of the team during theBiden's early days of COVID-19.
And I looked her up, sorry, nowyou know the pronoun. And I was
astounded that I was cancelled.
And I didn't really well, I'llfollow up with her. And I'll do

(09:20):
some research. And I'll ask herthe question of why but I
suspect that it's because ofthis, that the people who
recover from COVID-19 And I'llsay now, because you probably
have found out listening to meon the podcast that I sound like
I have a head cold because I'mrecovering right now from
COVID-19. When I wrote thearticle, I didn't have it. I was

(09:43):
a Friday. By Sunday, I wasdiagnosed positive test result.
So I sit here today recoveringfrom COVID-19. And according to
this law professor and accordingto the federal government in in
specifically the Department ofJustice, and their guidelines
and the Equal EmploymentOpportunity Commission and their
guidelines? I don't have longterm COVID Yet, yet? Well,

(10:07):
I took the Paxil that that sortof prevents the long haul
effect, we hope. But that folks,we don't really know what causes
and how COVID works, becauseit's still going on. I'm fully
boosted. I'll admit that too. Ieven got my flu shot. So get
your flu shot, because that'sgoing around. So the issue is,

(10:30):
Do I have a disability sittinghere today? Recovering from
COVID? Well, yes, because I haveCOVID symptoms. But when I
recovered, I started testingnegative, whenever that's going
to happen. At that point, I nolonger have a disability. I
mean, I have a disability inthis respect. And this is my
opinion, pretty, pretty strongone. What if I have PTSD,

(10:53):
because COVID affects my heart,and causes me to have a heart
attack in six months time, eventhough I don't have symptoms of
Long Haul COVID. That heartattack in recover there from it
then becomes what long haul?
Well, the government doesn'tknow enough. And for his to go
out. And to say that, well, justbecause you don't have long term

(11:14):
Long Haul COVID You don't have adisability is so effing
premature, that they should beashamed for themselves. But
while they're trying to do isessentially, to put a
placeholder on people forpurpose of insurance, for
purposes of employment, forpurposes of, of trying to be
more certain on something that'sso uncertain. In a lifetime. We

(11:36):
have a pandemic, it hasn't goneaway, folks. So I'm obviously
upset by this issue. I don'tlike the idea that I'm not
covered for disability, justbecause they don't have long
haul COVID. And I'm going to doa follow up for this podcast, of
course, was the test. And I wantyou all to understand this. And

(11:57):
don't just be smoothed over bythe fact that people tell you it
was just because you have youdon't have long haul COVID And
you feel fine. I'm going to saysomething to you. Are you really
sure? Do you really, really knowwhether you don't have a
disability or not? Just becauseyou feel fine. And then one day,
all of a sudden, you're justdeathly ill again. That's the

(12:19):
problem. And that's the issueI'm trying to address with you.
It's not over folks. It makesyou feel comfortable to say,
well, it's over. It's anepidemic, endemic, etc. Don't
need to wear a mask, whatever.
It's not political. The issueis, folks, there's a disability,
it's ongoing. And you need toassert that if you are in

(12:42):
problems with your employment,and you can make the argument
because no one's going to sitthere looking in the eyes and
saying you don't have disabilityafter you recovered from COVID.
That's the point. It's somethingunusual that's has happened. And
it's like you if you had yourbooster shot, and it's
equivalent to gettingeyeglasses, well, eyeglasses for

(13:04):
a pilot are an accommodation ismade, but he still has his
disability. So the law ischanged in that respect is
Supreme Court cases about thisissue about eyeglasses and
airline pilots. So I got mybooster, I still have COVID are
recovered from COVID, I can getit again. So my point is, and I

(13:24):
sound like I'm sick, because I'msick. I still have COVID. And
I'll have COVID I'll have adisability of physical
disability affecting myrespiratory effect team mental
mental disability, mentalstatus, if I'm scared of getting
deathly ill again, who knowswhat's going to happen to us,
not trying to, you know, throwfear in the wind here to scare

(13:46):
the crap out of you. But thereality is real. There's a
unique circumstance with COVID.
That is you have a disability,whether you recovered or not. If
you did not recover in the longhaul, that's obvious. But if you
don't have long haul, you stillhave a physical disability.
That's the point. And you canuse that to your advantage.

(14:06):
That's the point of this, whatI'm trying to get across to you.
Now you're not going to hearthis in mainstream, you're not
going to hear this from them,reading the press. I did read it
a left wing nonprofit that wassupported by Google and Amazon
who made donations to because Ichecked this morning. So they
set it in there. And that's thebasis of the next podcast

(14:28):
article that I wrote probablytomorrow. So I wanted to share
that with you. It's criticallyimportant. You're not going to
hear mainstream, but it's real.
If you've had COVID andfortunately don't have long
haul. You still have adisability under state and
federal law. And if when you useit, assert it because it's real.

(14:53):
And no one's there to doubt youdon't have it because we all
don't know it's still threeyears into this process. and
it's going to be four or fiveyears. So I'll leave you with
that. Look for the next podcastabout same subject. And I'll get
further in depth. Eyes wide openfolks. Like I said, I tell you
what your employer does not wantyou to know about and a lot

(15:15):
more. This was the one of thosea lot more podcasts. Thank you
for listening. As always. I'mhere to do the hard work and
heavy lifting for you. I'll talkto you next time. Take care
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