Allergy Season Is Here: Accommodating Seasonal Allergies Under the ADA

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 the United States—and so are pollen, ragweed, grass, and a host of other springtime allergens. For most employees, seasonal allergies are a minor nuisance managed with an over-the-counter antihistamine. But for some, allergic reactions may be severe enough to significantly impair breathing, concentration, or other daily functions, prompting affected employees to seek accommodations under the ADA. For those employees, employers may want to think carefully about accommodation requests related to seasonal allergies.

The ADA defines disability as a “physical or mental impairment that substantially limits one or more major life activities.” An impairment substantially limits a major life activity when a person “is either unable to perform a major life activity or is significantly restricted as to the condition, manner or duration under which the individual can perform the major life activity as compared to the average person in the general population.” Major life activities include breathing, concentrating, and working, all of which can be affected by severe allergic conditions.

That said, not every case of seasonal allergies will qualify. Mild or ordinary seasonal allergies easily controlled with routine medication are unlikely to rise to the level of an ADA-qualified disability. But an employee who experiences chronic sinusitis, severe asthma triggered by allergens, or allergic reactions that substantially impair breathing or other major life activities may well be covered under the ADA. Importantly, the ADA requires that this determination be made without regard to the ameliorative effects of mitigating measures such as medication, meaning even an employee whose symptoms are well-controlled by prescription allergy drugs may still be considered disabled under the ADA.

While a serious health condition under the Family and Medical Leave Act (FMLA) and a disability under the ADA are defined differently, it is possible that seasonal allergies qualify as either or both in some instances. Accordingly, when managing an employee with seasonal allergies, employers may want to consider whether the FMLA’s rights for unpaid leave for a serious health condition are implicated in addition to the ADA analysis discussed here.

The Interactive Process

When an employee raises allergy-related limitations that interfere with or relate to performance of the employee’s job—even informally, without ever mentioning the ADA—the employer’s obligation to engage in a good-faith interactive process is triggered. Courts have held that failing to engage can create liability on its own, regardless of whether the condition ultimately meets the statutory definition of disability. The bottom line: employers may wish to take every request seriously, respond promptly, and document the conversation, including the limitations discussed, the accommodations considered, and the reasons for any decisions made.

Employers are entitled to request medical documentation to support an accommodation request when the disability or need for accommodation is not obvious. In the context of seasonal allergies, it is generally reasonable to ask the employee to provide documentation from a healthcare provider confirming that the employee has an impairment, the specific limitations the employee experiences as a result, and how the requested accommodation would help the employee perform the essential functions of the job.

Employers may want to be careful, however, not to request overly broad medical records or conduct inquiries that go beyond what is necessary to evaluate the accommodation request. The goal is to obtain enough information to understand the employee’s functional limitations and assess potential accommodations.

Reasonable Accommodations to Consider

An employer has the discretion to choose a reasonable accommodation that enables the employee to effectively perform the essential functions of their job. An employer does not have to provide the employee’s preferred or requested accommodation if there is an alternative reasonable accommodation that enables the employee to effectively perform the essential functions of his or her job.

Remember that an employer is not required to provide an accommodation that would impose an undue hardship, which means significant difficulty or expense relative to the employer’s resources and operations. Whether a particular reasonable accommodation is an undue hardship is determined on a case-by-case basis. But because most allergy accommodations are temporary and modest, that defense may be tough to establish in this context.

The good news is that many allergy-related accommodations are generally straightforward and can be low-cost. Reasonable accommodations related to seasonal allergies generally include measures to remove the allergen or reduce the employee’s exposure to the allergen. This can include, but is not limited to, keeping windows and doors closed to keep pollen out, improving HVAC filtration or changing HVAC filters frequently, relocating an employee’s workstation away from frequently opened windows and doors, allowing leave for visits to allergists or other medical providers, and considering schedule adjustments during allergy season to allow for later start times to avoid exposure during peak allergy times or temporarily allowing remote work to avoid exposure to allergens.

Key Takeaways

Engaging in the interactive process in good faith is a core component of ADA compliance, regardless of an employee’s medical condition. What feels like “just allergies” to one person may be a genuinely debilitating condition for another and possibly trigger ADA obligations. As allergy season continues, it is a good time to review existing accommodation policies and confirm that frontline managers know how to address and route requests appropriately.

Ogletree Deakins’ Employment Law Practice Group and Leaves of Absence/Reasonable Accommodation Practice Group will continue to monitor developments and will post updates on the Employment Law and Leaves of Absence blogs as additional information becomes available.

Follow and Subscribe
LinkedIn | Instagram | Webinars | Podcasts