Maloney O'Laughlin PLLC fights for employees throughout Washington, from Seattle to Spokane.

Maloney O'Laughlin PLLC fights for employees throughout Washington, from Seattle to Spokane.

Is a condition a disability if symptoms are intermittent?

On Behalf of | Oct 16, 2024 | Disability Discrimination And Accommodation

When it comes to employment law, defining what qualifies as a disability can be a complex matter, especially when a condition manifests symptoms intermittently. Conditions like migraines, epilepsy, Lupus and certain mental health disorders can manifest in episodes that may not affect workers daily.

As such, a question that many employees and employers face is whether a condition with intermittent symptoms still qualifies as a disability under the law.

ADA protections

The Americans with Disabilities Act (ADA) provides legal protection against discrimination in the workplace for individuals with disabilities. According to the ADA, a disability is essentially defined as a physical or mental impairment that substantially limits one or more major life activities.

Importantly, the ADA covers not only those whose impairments are constant but also those whose symptoms may be episodic or fluctuate over time. The law recognizes that some conditions do not consistently limit an individual’s daily activities. However, if a condition, when active, substantially limits a major life activity, it is considered a disability.

As a result of these protections, an employee who has a condition with intermittent symptoms, such as multiple sclerosis, anxiety or arthritis, is entitled to reasonable accommodations if their condition affects their ability to perform essential job functions.

When an employee discloses a condition with intermittent symptoms, employers are required to work with them in order to determine what reasonable accommodations can be made. These accommodations may vary depending on the nature of the condition and the needs of the employee, but could include options like modified work schedules, remote work arrangements or changes to workplace policies.

Those who have questions about how to protect their rights – regardless of whether they have yet to experience discrimination in the workplace – can seek more personalized legal feedback at any time.