Compliance Stuff

Can an employee’s seasonal allergies qualify as a disability that the employer must reasonably accommodate under the Americans with Disabilities Act (ADA)? Short answer: It depends. 0:00 8:35 Quick Hits Seasonal allergies may qualify as a disability under the ADA when they substantially limit major life activities such as breathing or concentrating, and employers must engage in a good-faith interactive process whenever an employee raises allergy-related limitations. While mild seasonal allergies are unlikely to meet the ADA’s definition of disability, severe allergies may be covered, and the ADA requires that the determination be made without considering the ameliorative effects of medication. Employers may want to consider low-cost measures such as improved air filtration or schedule adjustments , and ensure frontline managers are trained to recognize and properly route such requests to maintain ADA compliance. When Do Seasonal Allergies Become a ‘Disability’? Spring is in the air in ...