person walking away from a surgical mask lying on the ground.

The Mask-Optional DEI Initiative

By Matt Dowell

Recently, I remotely attended a mask-optional, in-person meeting where campus leaders proudly proclaimed that DEI (diversity, equity, and inclusion) is my college’s “top priority.”

As a disabled faculty member who writes about disability access in higher education, I found myself considering how to make sense of such a statement — how seriously to take such statements, how much to care that such statements are being made.

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NEW YORK - CIRCA DECEMBER 2020: Crowd of people wearing masks walking in the street.

The Pandemic Policy Excuse of ‘Meeting People Where They Are’

By Daniel Goldberg

Too often throughout the COVID-19 pandemic, policymakers have justified controversial policy choices by stating that the world is not arranged in a way to make certain actions feasible. While practical difficulties matter, permitting such difficulties to exhaust the scope of our ethical obligations is a grave mistake that moves us farther away from a just and equitable world.

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Centers for Disease Control and Prevention. Georgia, Atlanta USA March 6, 2020.

For Whom Does the CDC Think it Works?

By Jennifer S. Bard

As weekly deaths from COVID in the U.S. soar into thousands, monkeypox continues to spread, and New York reports the country’s first case of paralytic polio since 1979, it is fair to question the U.S. Centers for Disease Control and Prevention (CDC)’s effectiveness and ability to achieve its mission to “to protect America from health, safety and security threats” and its pledge to “base all public health decisions on the highest quality scientific data that is derived openly and objectively” and “place the benefits to society above the benefits to our institution.”

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hand opening white plastic pvc window at home.

It’s Time for the Federal Government to Get Back to Protecting the Nation Against COVID-19

By Jennifer S. Bard

Over the past two years, the Supreme Court has shown unprecedented hostility to efforts by both state and federal government to stop the spread of what every day turns out to be an even more deadly pandemic.

These decisions are devastating, and likely signal a continued attack on government authority, but they are not a reason to give up.

The federal government can still use its vast resources to slow the spread and continued mutation of the virus, by telling people what it knows of the danger, and what it knows about how to mitigate it.

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People wearing masks on bus.

Flaws in the Textualist Argument Against the CDC Mask Mandate

By Stefan Th. Gries, Michael Kranzlein, Nathan Schneider, Brian Slocum, and Kevin Tobia

In Health Freedom Defense Fund, Inc. v. Biden, the United States District Court for the Middle District of Florida ruled that the U.S. Centers for Disease Control and Prevention’s transit mask order, which was issued to stem the spread of SARS-CoV-2, exceeds the agency’s statutory authority, and struck down the mandate through a nation-wide injunction.

The district court’s reasoning exemplifies modern textualism. It focuses on the text of the 1944 Public Health Services Act (PHSA), which the Biden Administration claims authorizes the CDC’s transit mask order. The court relied heavily on the statute’s “ordinary meaning” and especially one word: “sanitation.”

Does the evidence support the court’s linguistic conclusions? Our team — of linguists, social scientists, philosophers of language, and lawyers — took a second look. We conclude that the district court’s approach fails on its own textualist terms. It gives the impression of selective reading of the linguistic record, rather than the careful investigation of meaning that textualism claims to champion.

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London, England, UK, January 22nd 2022, Long covid symptoms sign on pharmacy shop window UK.

Mobilizing Long COVID Awareness to Better Support People with Acquired Disabilities

By Marissa Wagner Mery

Long COVID exposes an often-unacknowledged facet of disability: that one is far more likely to develop a disability than be born with one.

Estimates suggest that, at present, approximately 10 – 20 million Americans are now afflicted with the array of debilitating symptoms we now call Long COVID, which include fatigue, shortness of breath, and cognitive dysfunction or “brain fog.”

The upswell of advocacy and awareness around Long COVID should be mobilized to call attention to and address the challenges faced by newly-disabled adults, particularly with respect to employment.

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Two women shaking hands.

An Empathetic Ear: Strategies for Employer Health and Wellness Negotiations

By Stacey Lee, Jacobo Guzman, and Gladys Johnson

Amid federal and state vaccine mandates, labor shortages, and increased requests for remote work flexibility, employers find themselves in an evolving landscape with less latitude over their organization’s workplace. As a result, employers and employees find themselves in conversations about crafting a “new normal” in which worker well-being is featured more prominently than before.

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Gavel and stethoscope.

Long COVID and Physical Reductionism

By Leslie Francis and Michael Ashley Stein

Like plaintiffs with other conditions lacking definitive physiological markers, long COVID plaintiffs seeking disability anti-discrimination law protections have confronted courts suspicious of their reports of symptoms and insistent on medical evidence in order for them to qualify as “disabled” and entitled to statutory protection.

We call this “physical reductionism” in disability determinations. Such physical reductionism is misguided for many reasons, including its failure to understand disability socially.

Ironically, these problems for plaintiffs may be traced to amendments to the Americans with Disabilities Act (ADA) that were intended to expand coverage for plaintiffs claiming disability discrimination. Three provisions of the Americans with Disabilities Act Amendments Act (ADAAA) are appearing especially problematic for long COVID patients in the courts.

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Chicago, IL, USA - October 18 2021: BinaxNOW Covid-19 Antigen Self Test. Results in 15 minutes at home.

Lessons Learned from the COVID-19 Pandemic: The Future for Diagnostics

By Matthew Bauer and Nicole Welch

Diagnostic tests have changed in the eyes of many Americans across the COVID-19 pandemic.

The traditional site of diagnostic testing, the doctor’s office, has taken a back seat during the COVID-19 pandemic. We can now receive at-home antigen tests in the mail, drive through PCR tests at local sports stadiums, and our workplace cafeteria may serve as a de facto COVID-19 testing site.

The new paradigm of fast, easily accessible, and user-based diagnostics helps to reduce barriers for people to test for COVID-19.

However, nearly all these tests give binary results of yes or no for detecting a specific piece of the SARS-CoV-2 virus. As we look ahead, both the ongoing COVID-19 pandemic and future pandemics will require binary tests, but also tests that give us more granular information about the disease. These changes should be integrated into future diagnostic paradigms, empowering clinical diagnostics to meet both the needs of patients and the broader public health community.  Read More

HVAC tech wearing mask and gloves changing an air filter

Providing Clean Air in Indoor Spaces: Moving Beyond Accommodations Towards Barrier Removal

By Jennifer Bard

One of the most persistently frustrating aspects of the Americans with Disabilities Act (ADA), as currently applied to schools and workplaces, is its emphasis on the eligibility of qualifying individuals for accommodation, rather than on population-based removal of barriers to participation.

This individualized approach has always been an uncomfortable fit, given the reality of changes in physical function throughout the lifespan, and is a particularly unsatisfying model for the collective threat of COVID-19, a novel virus that has not only caused at least a million deaths in the United States, but is likely to trigger a variety of disabling sequelae in many (perhaps most) of those who recover.

So far, however, there is mounting evidence that individuals who seek to protect themselves from infection with COVID-19 in school or in the workplace (very much including those who work in schools) are going to have to do based on their individual susceptibility to contracting COVID-19 or to being disproportionately affected by an infection.

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