As our understanding of Long COVID—that complex, multi-system, often chronic condition—evolves, so too does its development within the law. A recent federal court decision provides a reminder of the legal and practical challenges when Long COVID arises in the workplace, particularly within the very subjective context of employee notice.
In EEOC v. A&A Appliance, Inc., a sales associate allegedly developed Long COVID symptoms after initially taking FMLA leave to care for her child, who had COVID-19.
The Case
Here’s what happened:
- The employee first took FMLA leave to care for her sick child, and during that time, she herself became infected.
- After that initial FMLA period ended (roughly 12 weeks), she requested an additional one to two weeks of leave due to lingering symptoms—including gastrointestinal distress and vocal-cord issues (which the EEOC characterized as Long COVID).
- According to the EEOC, her employer refused to grant this extension, and when her initial leave expired and she did not return to work, the company terminated her.
- The employer purportedly told her that any further leave would need to be “related to the original reason” for the FMLA leave, and later argued that her gastrointestinal issues were not tied to her COVID diagnosis.
- The EEOC’s complaint also emphasized that, although she asked about an extension, she, importantly, did not clearly articulate what she needed it for. The nature of the condition and the precise accommodation she needed were never clearly explained to her employer, according to the court.
The Ruling
The court, on September 3, 2025, granted summary judgment in favor of the employer, resting its ruling, primarily, on two findings.
- Her lack of notice of her disability: The court concluded she did not provide clear or consistent notice that she was suffering from a disability, as defined by the ADA. Rather, she referenced three possible “disabling illnesses” — COVID-19, gastritis, and vocal cord paralysis without receiving a formal diagnosis for any of them before her termination. In addition, her representations about her ability to return to work were inconsistent. At one point, a doctor indicated she had no restrictions and could return full duty, which undercut the argument that her employer was on notice of a disabling condition.
- Her vague accommodation request: Even when she did ask to extend her leave, the court held that she never made an explicit request for an accommodation; merely asking about remaining leave options was not enough — especially when she did not provide a duration for the leave or describe precisely what symptoms she was having and why she needed more time.
In short, because the court found that her employer had neither actual nor constructive notice of a disability, and because the request was too vague to qualify as an accommodation request under the ADA, her claim, as represented by the EEOC, failed.
The Takeaways
First, even though the employer prevailed in this case, the broader lesson remains the same: employers should stay alert to the possibility that post-COVID or Long COVID symptoms may constitute a disability under the ADA. The ADA Amendments Act sets a deliberately low threshold for establishing that an impairment qualifies as a disability, and Long COVID can easily meet that standard depending on the symptoms involved.
Second, the “notice” issue shouldn’t be misunderstood. While this particular court found that the employer lacked adequate notice, the ADA does not require employees to use any specific language when requesting an accommodation. We often repeat the “no magic words” reminder for a reason: an employee doesn’t have to say, “I need an accommodation under the ADA” for the duty to engage in the interactive process to arise.
The practical takeaway: This case is a welcome reminder for employers that we are not required to be clairvoyant. At the same time, we know that Long COVID and post-COVID conditions can be complex, variable, and confusing—both for employees and employers. If you’re not sure whether someone is requesting an accommodation, or whether their symptoms could trigger ADA obligations, the safest approach is simple: ask clarifying questions and explore how you can help.
For more help on managing and administering ADA accommodations and leaves, be sure to check out AbsenceResources.
