Americans with Disabilities Act (ADA) & Fibromyalgia

It can be a challenge to keep working when you have fibromyalgia (FM) or chronic fatigue syndrome (CFS/ME). Sometimes, it can help to change certain aspects of your job. The Americans with Disabilities Act (ADA) is designed to protect your right to employment by requiring most employees to make changes – called “reasonable accommodation” – to help keep you working.

What is the Americans with Disabilities Act?
The ADA requires employers with 15 or more employees to provide reasonable accommodations for people who meet the criteria of being disabled, as long as doing so does not place an undue hardship on the company. The act provides definitions of disability based more on symptom severity than on specific diagnoses.

Who Qualifies as Disabled?
Having a chronic illness like FM or CFS/ME doesn’t automatically qualify you as disabled. To be considered disabled under the ADA, you must:

Have a physical or mental impairment that substantially limits one or more major life activities.
Have a record of such impairment (such as medical records or a letter from your doctor).
Be regarded as having such an impairment.

Major Life Activities
The scope of what’s considered a “major life activity” was broadened as of January 1, 2009. The ADA provides two lists – one of basic abilities and one of major bodily functions.

Basic abilities include, but are not limited to:
caring for oneself
performing manual tasks
seeing
hearing
eating
sleeping
walking
standing
lifting
bending
speaking
breathing
learning
reading
concentrating
thinking
communicating
working

Major bodily functions include, but are not limited to:
functions of the immune system
normal cell growth
digestive
bowel
bladder
neurological
brain
respiratory
circulatory
endocrine
reproductive functions

The 2009 amendment specifies that these impairments do not need to be readily apparent from looking at or talking with someone. It also covers you when your symptoms are in remission, as long as you’d be considered disabled when symptoms were active. This is especially helpful for those of us with FM and CFS/ME who have flares and remissions.

What is Reasonable Accommodation?
If you qualify as disabled under the ADA, you have the right to ask for reasonable accommodations from your employer. (Remember that this only applies to companies with more than 15 employees and cannot create undue hardship on the company.)
A reasonable accommodation is any change to your job or work environment that gives you equal access to employment.


Examples of reasonable accommodation for symptoms of FM or CFS/ME may include:
Part-time or modified work schedules
Changing tests, training materials or policies
Providing written, instead of verbal, instructions
Reassignment to a vacant position
Medical leave
Work from home
A more ergonomic work station
Adjustable lighting
Relocation of work station to a more appropriate location (i.e., quieter, warmer, closer to entrances)
It’s up to you, not your employer, to come up with what accommodations would help you do your job better.

Talking to Your Employer
The ADA doesn’t require a formal meeting or a written request when you talk to your employer about reasonable accommodation – all you have to do is have a conversation in which you tell your employer about your condition and discuss what kind of accommodations would help you. It’s a good idea to take notes, keep any pertinent emails, and note any dates on which you talk about ADA issues.

Once you’ve talked to your employer about appropriate accommodations, it’s up to the company to provide those accommodations, as long as they don’t cause an undue hardship.
Getting Help

To get more information about on-the-job accommodations and the ADA, you can contact the Job Accommodation Network (JAN).
If you feel you’re being discriminated against or denied your rights under the ADA, contact your local Equal Employment Opportunity Commission or call the national number: 1-800-669-4000 (TTD: 1-800-669-6820.)

Sources:
* Office of Disability Employment Policy, Job Accommodation Network. “Employees’ Practical Guide to Requesting and Negotiating Reasonable Accommodations Under the Americans with Disabilities Act (ADA)”.
* U.S. Department of Justice. “A Guide to Disability Rights Laws: Americans with Disabilities Act”.
* U.S. Equal Employment Opportunity Commission. “Notice Concerning The Americans With Disabilities Act (ADA) Amendments Act Of 2008″.

3 Responses to Americans with Disabilities Act (ADA) & Fibromyalgia

  1. Excellent article, thanks for sharing the information. I just posted a link to it from my blog. :)

  2. This is a wonderful article, I don't have FMS, however tweleleven years ago, after a bad case of salmonella, I was diagnosed with (what is now called) Reactive Arthritis, a condition not unlike FMS and I went from being an active single mother with a physically challenging job to a basket case!
    I lost my job after 9/11, did contract work for awhile and had the disease relatively well managed for a few years; long enough to resume a catering career at a nationalhigh end grocery chain where I did very well as long as I managed my stress. Five years in, however, I was faced with new management and a spiral of symptoms which sent me into short term disability and eventually on to Social Security.
    At only 57, with a home and few resources not only did I feel some panic where money was concerned, but having worked since I was sixteen the prospect of empty days ahead of me, of not contributing something was an anathema to me. I was lucky enough to find part time employment in the virtual work place with a wonderful company called J.Lodge http://www.jlodge.com though the Ticket to Work Program offered by Social Security. This is a cutting edge company offering meaningful work for the disabled in untold numbers and we are only able to do this because all of the work is done from the comfort of our own homes.
    As the author of the article states, had my former employer been more enlightened, been more a part of this century, it is entirely possible I could have done an enourmous amount of my position from a home office…water under the bridge. Now I have the perfect job and an opportunity to help others in a similar position.

  3. Great information, I didn't know about the 2009 update! Thanks to Kat for posting this on her blog, I did the same. @~~~~>~~~~~~~~~

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