In certain instances, chronic conditions could be considered a disability under the Americans with Disabilities Act. If this is the case, employers must provide reasonable accommodation, as well the opportunity for leave under the Family and Medical Leave Act. Chronic conditions, including inflammatory ailments that last more than one year – such as heart disease and diabetes – are becoming more common. Under the expanded ADA definitions, obesity, without any associated medical conditions, is considered a disability. To avoid legal trouble and ensure the best working environment for employees, companies must be current on ADA standards.
Access to the same rights and responsibilities
Employees with chronic conditions are entitled to the same standards as other workers with disabilities. Reasonable accommodations come into play when people are able to complete essential job functions except for limitations caused by a disability, according to the ADA. Businesses can then alter certain practices or actions to suit employees with disabilities, including a change in scheduling, the way tasks are performed or reassignments. Sometimes, under the FMLA, intermittent leave is also a possibility, BLR Store suggested.
Before employers can figure out their next steps, companies must understand what qualifies as a chronic condition under the ADA.
When is a chronic ailment a disability?
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The list of major life activities is long and includes working, concentrating and processing information, as well as more commonly heard examples like walking, eating and sleeping.
"The EEOC considers severe to morbid obesity a disability."
As a result, impairments that are episodic or in remission meet the definition of a disability if the conditions substantially limit major life activities while they're active, according to the Equal Employment Opportunity Commission. In addition, the EEOC determined morbid or severe obesity – defined to be body weight more than 100 percent over the norm – to be a disability, if it is presented without any associated medical conditions.
In addition, if an employee can prove that his or her obesity is caused by an underlying disorder, including a thyroid condition, the impairment could be considered a disability. Since the EEOC and ADA are connected under federal regulations, the standard receives ADA protection.
Next steps for human resources
Human resources teams need to be cognizant of the ADA's changing standards relating to chronic conditions. All management employees should be educated on what constitutes a disability and what the ADA requires of employers, including reasonable accommodation. Understanding these legal obligations can help companies avoid discrimination claims, while continuing to accommodate workers with different, limiting conditions.
Businesses should also review their workplace discrimination policy frequently to guarantee the procedure is not outdated. HR professionals could also rewrite job descriptions and evaluation materials to contain only criteria that are job-related and consistent with business needs, according to HR Hero.
By taking these steps and understanding their employees rights under the ADA, employers can make the workplace a welcoming and accommodating space for all workers.
