Are Allergies and Asthma Covered by ADA 2009?

Are Allergies and Asthma Covered by ADA 2009?

Yes, under the Americans with Disabilities Act Amendments Act of 2008 (ADA 2008), which amended the original ADA of 1990 and took effect in 2009, allergies and asthma can be considered disabilities if they substantially limit one or more major life activities. The determination depends on individual circumstances, including the severity and impact of the condition.

Understanding the ADA and its Expansion

The Americans with Disabilities Act (ADA) 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. The ADA aims to ensure that people with disabilities have the same rights and opportunities as everyone else. The original ADA, however, was interpreted by the courts in a way that narrowed its scope, making it more difficult for individuals to prove they had a disability. This led to the passage of the ADA Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009, and broadened the definition of disability.

The ADAAA’s Impact on Allergies and Asthma

The ADAAA significantly changed how disabilities are defined and interpreted. Specifically, the ADAAA:

  • Expanded the definition of “major life activities”: This now includes not only activities like walking, seeing, hearing, speaking, breathing, learning, and caring for oneself, but also the operation of major bodily functions, such as the immune system, respiratory system, and digestive system. This is crucial for conditions like severe allergies and asthma, which directly affect these systems.
  • Instructed courts to interpret the definition of “disability” broadly: The ADAAA mandates that the definition of disability be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA. This makes it easier for individuals with allergies and asthma to demonstrate that their condition qualifies as a disability.
  • Rejected the “mitigating measures” factor: Prior to the ADAAA, courts often considered the effectiveness of medications or other treatments in mitigating the impact of a condition. The ADAAA now states that the beneficial effects of mitigating measures (e.g., inhalers for asthma, allergy medication) should not be considered when determining whether an impairment substantially limits a major life activity. The exception is for ordinary eyeglasses or contact lenses.

Establishing Disability: A Case-by-Case Assessment

While the ADAAA broadened the definition of disability, it’s important to understand that whether allergies and asthma are covered by ADA 2009 (specifically, the ADAAA) is still determined on a case-by-case basis. To be protected by the ADA, an individual must demonstrate that their allergy or asthma:

  • Involves an impairment: Allergies and asthma, when they are clinically diagnosed, qualify as impairments.
  • Substantially limits a major life activity: This is the key factor. The limitation must be significant and not minor. Factors to consider include the severity, frequency, and duration of symptoms. Does the allergy or asthma significantly impact the person’s ability to breathe, eat, work, learn, or participate in other activities?
  • Has a record of such an impairment: This might involve medical documentation showing a history of significant allergic reactions or asthma attacks.
  • Is regarded as having such an impairment: Even if the condition doesn’t actually limit major life activities, if an employer or other entity treats the individual as if it does, ADA protection may apply.

Employer Responsibilities under the ADA

If an employee’s allergies or asthma meet the ADA’s definition of disability, the employer has certain responsibilities:

  • Reasonable Accommodation: Employers are required to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship to the employer. Reasonable accommodations can include things like:
    • Air purifiers in the workspace
    • Modified work schedules
    • Relocation of the employee’s workstation
    • Allowing the employee to work from home
    • Changes in workplace policies to reduce exposure to allergens or irritants.
  • Non-Discrimination: Employers cannot discriminate against employees with disabilities in hiring, firing, promotion, training, or other terms and conditions of employment.
  • Confidentiality: Employers must maintain the confidentiality of employee medical information.

Common Misconceptions about ADA and Allergies/Asthma

There are several common misconceptions about the ADA and how it applies to allergies and asthma. One is that all allergies and asthma are automatically covered. This is incorrect. The severity and impact of the condition are critical factors. Another misconception is that employers are required to grant any accommodation an employee requests. Employers are only required to provide reasonable accommodations that do not cause undue hardship.

Resources for Individuals with Allergies and Asthma

Several organizations provide support and resources for individuals with allergies and asthma. These include:

  • The Asthma and Allergy Foundation of America (AAFA)
  • The American Academy of Allergy, Asthma & Immunology (AAAAI)
  • The U.S. Equal Employment Opportunity Commission (EEOC)

These organizations can provide information about legal rights, medical treatments, and practical strategies for managing allergies and asthma.

Frequently Asked Questions (FAQs)

Are all allergies considered disabilities under the ADA?

No, not all allergies qualify as disabilities under the ADA. An allergy must substantially limit a major life activity to be considered a disability. Minor or temporary allergies that do not significantly impact a person’s ability to function are generally not covered.

Does the severity of asthma affect ADA coverage?

Yes, the severity of asthma is a significant factor. Mild asthma that is easily controlled with medication and has minimal impact on daily activities may not be considered a disability. However, severe asthma that requires frequent medical interventions and significantly limits breathing or other major life activities is more likely to qualify.

What is considered a “reasonable accommodation” for allergies or asthma in the workplace?

A reasonable accommodation is a modification or adjustment to the workplace or work environment that enables an individual with a disability to perform the essential functions of their job. Examples include air purifiers, modified work schedules, relocation of workstations, or allowing work from home, provided they don’t cause undue hardship to the employer.

Can an employer deny an accommodation request if it is too expensive?

An employer can deny an accommodation request if it would cause “undue hardship,” which is defined as significant difficulty or expense considering the employer’s size, resources, and the nature of its business. However, the employer must demonstrate that the accommodation would truly cause undue hardship.

If I have allergies or asthma, am I required to disclose my condition to my employer?

You are not required to disclose your condition unless you are requesting a reasonable accommodation. However, it is often beneficial to inform your employer if your condition might affect your job performance or safety.

What happens if my employer retaliates against me for requesting an accommodation for my allergies or asthma?

Retaliation against an employee for requesting a reasonable accommodation or for asserting their rights under the ADA is illegal. If you believe your employer has retaliated against you, you can file a complaint with the EEOC.

Does the ADA protect individuals with sensitivities to fragrances or chemicals?

Yes, sensitivity to fragrances or chemicals can be considered a disability under the ADA if the sensitivity substantially limits a major life activity. An employer may be required to provide reasonable accommodations, such as implementing a fragrance-free policy.

How does the ADAAA’s emphasis on broader coverage affect allergy and asthma claims?

The ADAAA’s emphasis on broader coverage has made it easier for individuals with allergies and asthma to establish that their condition qualifies as a disability. The ADAAA instructs courts to interpret the definition of disability broadly and to focus on whether an impairment limits a major life activity, regardless of mitigating measures.

Can I be fired for having severe allergies or asthma?

You cannot be fired simply for having severe allergies or asthma. However, you can be fired if you are unable to perform the essential functions of your job, even with reasonable accommodation, or if providing an accommodation would cause undue hardship to the employer.

What kind of documentation is needed to support an ADA claim for allergies or asthma?

You typically need medical documentation from a qualified healthcare provider that describes your diagnosis, symptoms, the severity and frequency of your symptoms, how your allergies or asthma affects your ability to perform major life activities, and any recommended accommodations.

Are food allergies covered under ADA 2009?

Yes, food allergies can be covered under ADA 2009 if they substantially limit a major life activity such as eating or digestive function. Restaurants and other public accommodations may be required to provide reasonable modifications to their policies and practices to accommodate individuals with severe food allergies.

If my asthma is well-controlled with medication, am I still protected by the ADA?

Under the ADAAA, the fact that your asthma is well-controlled with medication is generally not considered when determining whether you have a disability. The focus is on whether your asthma, without the mitigating effects of medication, would substantially limit a major life activity.

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