“For more than 60 million Americans living with a disability, the ADA is so much more than a law. It’s a source of opportunity, participation, independent living, and respect,” said President Joe Biden on July 26th during a speech commemorating the signing of the Americans with Disabilities Act. 

"When people can ride a bus because it has a lift, when they can enter a building, because it has a ramp, when they can watch a movie with closed captions, when a student with a disability goes to school, instead of discrimination gets support, that is the ADA in action,” said Vice President Kamala Harris during this address to the nation. 

This past Monday marked the 31st Anniversary of the Americans with Disabilities Act (ADA). According to the ADA National Network, the ADA became law in 1990 with the purpose of ensuring that people with disabilities have the same rights and opportunities as everyone else. 

It is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life including jobs, schools, transportation, and all public and private places that are open to the general public. 

Specifically, the ADA guarantees equal opportunity for individuals with disabilities in:

• Public accommodations

• Employment

• Transportation

• State and local government services

• Telecommunications

Committed to Disability Rights

“Today, too many Americans still face barriers to freedom and equality. But thanks to this movement that spans all races, beliefs, backgrounds, and generations, we’re once again making progress together,” said President Biden. 

President Biden and his team have made several strides towards removing barriers to equality, freedom and accessibility. Some of these include:

• Signing an executive order in his first day of office that established a government-wide commitment to advancing equity, including people with disabilities. 

• Appointing the first-ever White House Disability Policy Director

• Creating the American Rescue Plan, which provides substantial support for schools to better serve students with disabilities, as well as expanding access to vaccines for those individuals. 

• Proposing the Build Back Better Plan, which proposes $400 billion to expand access to home and community-based care, helping people with disabilities and older adults live more independently. 

Long-Term Covid-19 related illness and the ADA

President Biden also announced on Monday that long-term Covid-19 cases (also known as long Covid) can potentially qualify as a disability. Long Covid refers to individuals who are experiencing symptoms of Covid lasting for months or longer. 

"We're bringing agencies together to make sure Americans with long Covid who have a disability have access to the rights and resources that are due under the disability law, which includes accommodations and services in the workplace and school, and our health care system so they can live their lives in dignity," Biden said.

The Department of Health and Human Services has released long Covid guidelines helping to explain that some individuals with long Covid might have a disability under various civil rights laws, entitling them to protection from discrimination. 

According to the new guidelines, long Covid can be a disability under the ADA Section 504 and Section 1557 if the person’s condition or symptoms is a physical or mental impairment that substantially limits one or more major life activities. 

Examples of Physical or Mental Impairment Include:

• Any mental or psychological disorder, such as an emotional or mental illness

• 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

Examples of Major Life Activities Include:

• A person with long COVID who has lung damage that causes shortness of breath, fatigue, and related effects is substantially limited in respiratory function, among other major life activities.

• A person with long COVID who has symptoms of intestinal pain, vomiting, and nausea that have lingered for months is substantially limited in gastrointestinal function, among other major life activities.

• A person with long COVID who experiences memory lapses and “brain fog” is substantially limited in brain function, concentrating, and/or thinking.

To learn more about the new ADA long Covid guidelines, visit HHS.gov.

As highlighted in this speech, there is still work to be done. We as a nation must continue to work towards an accessible and inclusive society that supports self-determination, opportunity, and independence for all.