Are Allergies a Protected Disability at Work?

It often happens–a sneeze, or a cough, but you’re not sick: you have allergies.

For some of us our allergies are sporadic, seasonal or come and go. But for others, allergies can be very serious, and ongoing. If you need accommodations at work can you get them for serious allergies?

Defining and Protecting Disabilities

The Americans With Disabilities Act (ADA) requires that your employer make reasonable accommodations for you at work, if you have a disability that is protected under the ADA. Disabilities are any disease, injury or illness, which affects any major life or bodily function or limits any daily activity.

Compared to other more serious or debilitating illnesses or diseases, the complications from allergies may seem minor, or at least, mild. But that’s OK-the ADA still protects even mild disabilities, so long as they are ongoing and chronic, as allergies tend to be.

The source of your allergic reactions doesn’t matter. It may be caused by the weather, something in the air, or even exposure to something at work, like a chemical, or a fragrance.

The ADA does protect workers with conditions that may be “on and off,” or which may have remissions and relapses, such as with allergies, so the fact that you may have some “good days,” is OK–you’re still protected.

Minor vs. Major Allergies

Not every allergy condition is protected by the ADA.

Some allergies, which are minor in nature or severity, or which are easily controlled by over the counter medications, may not be a qualifying disability under the ADA.

However, sufferers who have chronic breathing problems, or sinusitis, or infections caused by allergies, may have a qualifying disability under the ADA. Remember that the law looks at the severity of your allergies, without medicine, to see if you have a qualifying disability.

Making Reasonable Accommodations

If you do have allergies that qualify as a disability, your employer is obligated to make reasonable accommodations for you. That may include moving where you work if it reduces exposure to allergy triggers, or allowing you extra rest time or bathroom breaks, or allowing you time to visit doctors.

In some cases, an employer may have to institute a fragrance free office (if that’s the cause of your allergies). But when it comes to fragrances that are all around (imagine someone who works in a department store where perfumes can be smelled over great distances), accommodations may not be possible.

Food Allergies

Food allergies can be qualifying disabilities as well, again if the symptoms are serious enough.

If you are in an environment where you have to eat food served by or provided by your employer, and that food triggers your allergies, you can ask for an accommodation to reduce your exposure–specifically foods that are not allergenic to you.

Is an illness or disability preventing you from doing your job? Contact the San Jose employment and disability law attorneys at the Costanzo Law Firm today.

Source:

aafa.org/asthma/living-with-asthma/asthma-allergies-and-the-american-with-disabilities-act/