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ADA and severe allergies
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ADA and severe allergies
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I was wondering if idopathic (no known cause) severe allergic reactions that causes hives and trouble breathing to the need of using an epi pen classify as disability? Does ADA cover allergies? The re
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Forums » Topic Forums » Legal Forum » ADA and severe allergies
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ADA and severe allergies
posted at 2/1/2011 10:38 AM EST
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Posts: 2
First: 2/1/2011 Last: 2/1/2011 |
I was wondering if idopathic (no known cause) severe allergic reactions that causes hives and trouble breathing to the need of using an epi pen classify as disability? Does ADA cover allergies? The reasonable acommadation the Dr is asking is that the employee not be charged with an unexcused absense and allowed a day with/without pay when employee needs to seek out emergency care as it was not pre planned? Is that reasonable? |
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ADA and severe allergies
posted at 2/1/2011 11:22 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
ADA covers basic life functions. I would submit that the ability to breathe is not only basic but actually quite essential.
The question for you is whether or not the unplanned absences are a reasonable accomodation. An occasional unplanned absence is not, IMO, unreasonable. |
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ADA and severe allergies
posted at 2/2/2011 7:34 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
I agree that this could fall under ADA also, but it might be easier to solve the issue if it also falls under FMLA. That is you can't discipline the employee for FMLA-related absences so in essence, yes they would become excused.
Do you fall under FMLA also? Are you a large enough employer? If so, does the employee meet the criteria? If so, those absences would be protected up to the point of them using the full allotment. Also if the employee is exempt and it falls under FMLA, that is one of the few reasons you can deduct pay from an exempt employee legally. So in a way, that can protect the employer. |
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ADA and severe allergies
posted at 2/2/2011 9:01 AM EST
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Posts: 562
First: 11/12/2009 Last: 9/14/2011 |
Good points, rrupert. I thought of FMLA and if the absences don't exceed 12 weeks per year, then all well and good. But if they do - and that's admittedly doubtful - then you're right back at this point. |
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ADA and severe allergies
posted at 2/2/2011 10:06 AM EST
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Posts: 2146
First: 2/15/2006 Last: 9/14/2011 |
Agreed, and it is possible that BOTH laws will apply at the same time. But as long as FMLA is in play, the employee's absences would be protected by that even if it is NOT a reasonable accommodation under ADA. I just didn't want the poster to forget that aspect (if it or state level protected medical leave applies).
There is a really good article from the EEOC on this one: http://www.eeoc.gov/policy/docs/fmlaada.html |
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ADA and severe allergies
posted at 2/2/2011 12:17 PM EST
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Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi: Probably a disability under the ADA, especially w/ the recently enacted amendment. The issue is whether the requested accommodation is reasonable given the requirements of the job.
Dave Arnold, Ph.D., J.D. |
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