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February 6, 2023 15 mins

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The U.S. Government reports that individuals who have “recovered” from Covid-19 do not have a physical disability under federal disability discrimination laws. However, this conclusion is not accurate, and you need to know why.

In an Article on November 18, 2022, I reported that 60% of the U.S. population, 191 million people, have a disability called either Long Haul Covid-19 or “Recovered” from Covid-19. The following information will support this legal and medical conclusion and how businesses, insurance carriers and the federal government do not want to acknowledge it. A new study covering 5 million Americans also supports the conclusion that Covid-19 resides in the body post-infection and can lead to substantially increased risks of further medical consequences upon reinfection.

https://www.eeoc.gov/newsroom/eeoc-adds-new-section-clarifying-when-covid-19-may-be-disability-updating-technical
https://www.nature.com/articles/s41591-022-02051-3
https://www.eeoc.gov/newsroom/eeoc-adds-new-section-clarifying-when-covid-19-may-be-disability-updating-technical
https://www.covid.gov/
https://www.whitehouse.gov/briefing-room/statements-releases/2022/04/05/fact-sheet-the-biden-administration-accelerates-whole-of-government-effort-to-prevent-detect-and-treat-long-covid/
https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/guidance-long-covid-disability/index.html
https://www.eeoc.gov/laws/guidance/eeo-laws-employees-affected-zika-virus
https://capclaw.com/contact-us/

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Disclaimer: For educational use only, not intended to be legal advice.

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Episode Transcript

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Unknown (00:08):
Hey, it's mark here and welcome to the next edition of
the Employee Survival Guidewhere I tell you as always, what
your employer does definitelynot want you to know about a lot
more. Hey, it's mark here andwelcome back. Today's episode
we're gonna talk about the postCOVID-19 recovery as a
disability under federaldisability law. The US

(00:29):
government reports thatindividuals who have recovered
from COVID-19 do not have aphysical disability under
federal disabilitydiscrimination laws. However,
this conclusion is not accurate.
And you need to know why. In anarticle on November 18 2022, I
reported that 60% of the USpopulation 191 million people
have a disability called eitherLong Haul COVID-19 or recovered

(00:54):
from COVID 19. The followinginformation will support this
legal and medical conclusion andhow businesses ensure insurance
carriers and federal the federalgovernment do not want to
acknowledge it. A new studycovering 5 million Americans
also supports the conclusionthat COVID-19 resides in the
body postinfection and can leadto substantially increased risk

(01:18):
of further medical consequencesupon reinfection. The federal
government regards people withwho have recovered from COVID-19
as non disabled. The US EqualEmployment Opportunity
Commission the EEOC, the federalagency charged with the
oversight and regulation of theAmerican workplace has stated
quote, an employee who has whoseCOVID-19 results in mild

(01:42):
symptoms that resolved in a fewweeks, with no other
consequences, will not have anEDA disability that could make
someone eligible to receivereasonable accommodations and
quote, this is a very astoundingconclusion given how little the
Federal Government currentlyknows about COVID-19. We do not
have a cure for COVID-19 andonly limited temporal temporary

(02:06):
mitigation measures in the formof vaccines and boosters. The
COVID-19 virus is still rampantthroughout the country during
this the third year of thepandemic. Yet the federal
government seeks to define whohas a physical disability and
who does not. Why the immediaterush to define disability is
this a financial prophylacticmeasure by businesses, insurance

(02:31):
carriers and the federalgovernment itself. If the
federal government ruled thatanyone who recovered from
COVID-19 is disabled, eachperson will be protected from
discrimination bias under TitleOne, which covers employment of
the Americans Disabilities Act.

(02:52):
And under Title two, whichcovers public accommodations and
local government activities, andTitle Three, which covers profit
entities and combinations andaccess to businesses, declaring
COVID-19 This disease adisability for those who already
have recovered would unleash anenormous economic chaos and
uncertainty. The EEOC hasstemmed this economic

(03:16):
uncertainty by providingguidance that COVID-19 disease
among recovered individuals isquote, not a disability under
federal disability laws. Oncethe EEOC issues the so called,
quote, guidance, and quote,courts then cite to the guidance
as a legal basis to interpretfederal disability law. Once

(03:38):
courts create precedent, othercourts more likely will follow
the precedent like a trainderailment. Did you ever
consider that lobbyists forinsurance companies and
businesses do not want thefederal government to label
people as disabled, postCOVID-19 recovery? It has
already happened and you knewnothing about it. There is also

(04:02):
another factor consider whetherpersons who have recovered from
COVID-19 are disabled. In thiscountry, we have a strong
federal public policy to protectagainst discrimination bias in
employment, publicaccommodations and programs
receiving federal financialassistance. However, as as of
February 2023, I'll be the firstto assert that I have seen

(04:25):
little to no discrimination biascases other than long haul
covered cases throughout thepandemic. When there is no great
push to protect a group ofpeople who have recovered from
COVID-19 from discriminationbias, then there is no
likelihood that the federalgovernment will implement laws
to protect against suchdiscrimination and provide an

(04:46):
avenue for prosecution in thecourts. So why write this
article or this podcast if thereis no prevalence of disability
discrimination biasThe rationale here is that the
jury's still out. The currentmedical data to support the
presence of COVID-19 in the bodysystems of her covered US

(05:08):
population, indicate the viruslays dormant post recovery until
the next wave of infection,thereby multiplying the medical
consequences on the body. In astudy published in nature.com,
discussed later on this podcastand article provides disturbing
evidence based on sampling ofmore than 5 million Americans.

(05:28):
Based on this study, I arguethat post COVID-19 recovery
population is disabled becausetheir body systems, the immune
systems, among many others, arestill substantially limited. In
fact, the study found asubstantial increased risk of
medical consequences due toCOVID 19 reinfection of
pulmonary cardiovascularhematological, diabetes,

(05:51):
gastrointestinal, kidney, mentalhealth, muscle, skeletal, and
neurological disorders. So muchso that the authors of the study
warned strongly againstreinfection. The case of
longhaul COVID. The discussionabout COVID-19 as a disability
would not be complete, unless weaddress longhaul COVID-19 And
how the federal governmenthandles the condition. A study

(06:14):
from the University of SouthernCalifornia in July of 2022 found
that 23% of people infected withCOVID-19 will become long
haulers, with symptoms lastingfor months. We already know that
191 million people living in theUS contracted COVID-19 and 23%
of them equates to an estimated44 million people who have long

(06:35):
haul EOC chair Charlotteboroughs said quote, like
effects from other diseaseseffects from COVID-19 can lead
to a disability protected underthe laws of the EEOC. The EEOC
enforces workers withdisabilities stemming from
COVID-19 are protected fromemployment discrimination, and
may be eligible for reasonableaccommodations and quote,

(06:57):
according to the federalgovernment. If you have a long
haul COVID-19 You may beconsidered an individual with a
disability under civil rightslaws, including the Americans
Disabilities Act and theRehabilitation Act. Under these
laws, someone with Long HaulCOVID-19 has a disability that
individuals condition or any ofits symptoms is a physical or

(07:20):
mental impairment thatsubstantially limits one or more
major life activities. TheDepartment of Health and Human
Human Services has issued astatement, quote, whether an
individual with long haulcovered is substantially limited
in a major bodily function, orother major life activity is
determined without the benefitof any medication treatment or

(07:43):
other measures used by theindividual to lessen or
compensate for symptoms. Andhere's the most important part
they said, even if theimpairment comes and goes, it is
considered a disability if itwas substantially limit a major
life activity when theimpairment is active. Unquote.
But see how this is worded. TheHSS does not want to state

(08:06):
specifically that you have adisability when COVID-19 is not
active, what I call postrecovery. Why is this because to
go further into label andindividuals who have recovered
from COVID-19 is disabled, wouldforce businesses, insurance
carriers and the federalgovernment to extend money to
provide services, insurance andfinancial aid to many more

(08:29):
Americans at enormous economiccosts, simply, I argue, is all
about the money. The case of theZika virus for comparison
purposes. I'm arguing that theCOVID-19 remains in the body
undetected and should beclassified as a disability in
individuals who have recoveredfrom COVID-19. This is not the
first time a situation like thishas occurred. One example is the

(08:52):
Zika virus. And the federalgovernment did did in fact label
the Zika virus a disabilityunder their so called EEOC
guidance. According to the EEOC,quote, The Zika virus is
transmitted to people primarilythrough an infected species of
mosquito. Mosquitoes becomeinfected when they bite a person
already infected with the virus.

(09:16):
The virus can also spreadthrough sexual contact, and from
a pregnant woman to her fetusduring pregnancy, or or around
the time of birth. Many peopleinfected with the Zika virus
experienced no symptoms or onlymild symptoms, which is similar
to what happens in COVID. Peoplerarely die from Zika so you can

(09:37):
can cause significantcomplications including
congenital conditions in fetusesand infants when contracted
during pregnancy. The followingstable give you pause when you
compare it to the currentongoing COVID-19 pandemic in the
post recovery status So manyAmericans, the EEOC said the
following about the Zika virusthat's equally applied to

(09:59):
individuals who have recoveredfrom COVID-19. But the EEOC
refused to go further, mostlikely, because the enormous
financial impact on businessesinsurance carriers and the
federal government. Here's whatthe EEOC said. Quote, impairment
does not have to prevent orseverely significantly reduce
restrict performance of a majorlack of activity, in order to be

(10:23):
considered substantially limitedin performing activities such as
caring for oneself, or majorbodily functions like the immune
system functions are affectedand quote. Likewise, a person
who has recovered from theCOVID-19 virus can be disabled
because they are stillsubstantially limited in a major
bodily function such as theimmune system, even if the

(10:46):
person has no symptoms. We donot know if the COVID-19 virus
is adversely impacting theimmune system of individuals who
have recovered from the virus asa virus is lying dormant on
detected within the immunesystem and other body systems.
The following study published inthe journal nature.com in 2022,

(11:06):
provides very alarming evidencethat supports the dormancy
theory and continued body systemconsequences that would support
the conclusion that many whohave recovered from COVID-19
Still have a physical disabilitythat should be protected under
federal law. The study findingsstated in part in this study of

(11:27):
5 million people, including400,000 People with first
infection and 40,000 people whohave reinfection and 5 million
non infected controls. So thatwas important they had a control
group. Study goes on to say weshowed that compared to people
with no reinfection people whohad reinfection exhibited
increased risks of all corecause mortality, which means

(11:50):
deaths from all causes of death,hospitalization, and several pre
specified outcomes. The riskswere evident and those who were
unvaccinated and had one of thatone vaccination or two or more
vaccinations before reinfection.
Although the findings show thatthe reinfection further
increases risk of all causemortality and adverse health

(12:11):
outcomes in both the acute andpost acute phases of the
reinfection. The findingshighlight the clinical
consequences of reinfection andemphasize the importance of
preventing reinfection by SARSCOVID to the study also stated.
Furthermore, impaired health asa consequence of the first
infection might result inincreased risk of adverse health

(12:33):
consequences upon reinfection.
Our results, expand thisevidence base and show that
people who get reinfectedreinfection compared to no
infection further increases riskin both the acute and post acute
phases. And that and that wasevident, even among fully
vaccinated people, suggestingthat even combined a hybrid of

(12:56):
natural immunity versus versusfrom previous infection and
vaccine induced immunity doesnot abrogate the risk of adverse
health effects afterreinfection. And quote, the
study is then summed up bysaying up to 5 million
individuals, we provide evidencethat reinfection contributes to
an additional health risk beyondthose incurred in the first

(13:19):
infection, including all causemortality, hospitalization, and
consequences in a broad broaderarray of organ systems. The
risks were evident in the acuteand post acute phases of
reinfection. The evidencesuggests that for people who
already had a first infection,prevention of the second
infection may protect fromadditional health risks,

(13:42):
prevention of infection andreinfection with COVID should be
continued to be the goal ofpublic policy. Unquote. In
conclusion, anyone who hasrecovered from COVID-19 should
be considered disabled under thevarious federal laws, we should
not have to wait for reinfectionto explain the Muriatic medical
complications that may alreadybe negatively impacting millions

(14:06):
of Americans. Without a properlabeling of the post COVID
recovery as a disability. ManyAmericans risk denial of
medical, legal and financialcoverage associated with the
initial COVID 19 infection. Weare in a current state of denial
and chaos created to benefitthose entities and organizations
who would otherwise pay out ofpocket. The current system is

(14:29):
rigged against the Americanpublic, and no one has noticed.
Until now, hope you enjoy thepodcast and talk to you soon. If
you'd like the EmployeesSurvival Guide, I'd really
encourage you to leave a review.
We try really hard to produceinformation to you that's
informative, that's timely thatyou can actually use and solve
problems on your own.

(14:52):
and at your employment. So ifyou like to leave a review
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actually review it and post iton there. You can send it to

(15:13):
mcarey at capclaw.com, that'scapclaw.com
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