Sam* has lived with asthma most of her life. Her asthma was well-controlled, but she learned that strong cleaning agents used in her old office could trigger intense asthma symptoms.
“There have been a couple of occasions where the carpets in the building I was located in were shampooed. We weren’t given notice, so when I showed up to work I would walk into a cloud of chemical smell that would often persist for several days.”
Sam’s story isn’t entirely unique. According to the American Lung Association, 1 of every 12 adults live with asthma, and nearly 22 percent of those adults say that their symptoms get worse from exposure to triggers at work.
If you’re part of that 22 percent — or you want to potentially avoid joining their ranks — you may want to talk to your employer about reasonable accommodations for asthma under the Americans with Disabilities Act (ADA).
The ADA is a federal law passed by Congress in 1990, and is designed to protect against discrimination on the basis of disability in most areas of public life, including workplaces, schools, and public and private places that are open to the general public. Many states and cities have similarly enacted laws aimed at protecting individuals with disabilities from discrimination.
In 2009, the ADA Amendments Act (ADAAA) became effective, which gave more guidance on disability rights under the ADA. The ADAAA states that the definition of disability should be interpreted in favor of a broad coverage of individuals.
The answer typically depends on the severity of your asthma and how much it impacts your life. The ADA recognizes that a physical impairment that substantially limits a person’s respiratory function may qualify is a disability. You will need to work with your healthcare provider and your employer to determine if your asthma qualifies as a disability under federal or state law.
For people like Sam, asthma may only be a disability in certain circumstances.
What does ‘reasonable accommodation’ mean?
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What does ‘reasonable accommodation’ mean?
Reasonable accommodations are adjustments or modifications provided by an employer that enable people with disabilities to enjoy equal employment opportunities. Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities, or even all people with the same disability, will require the same accommodation.
In order to receive accommodations, you do have to let your human resources (HR) department know about your condition.
Because her asthma was mostly under control, Sam initially chose not to disclose her condition to her boss. When cleaning agents started making her symptoms flare, though, she explained the situation to her supervisor and supplied documentation from her healthcare provider as well.
Your healthcare provider can help you figure out what information you need to share as it relates to your request for accommodation.
Disclosure can be tough for people with chronic conditions and disabilities who fear discrimination in the workplace. Even though Sam had medical documentation, her employer at the time didn’t believe that her condition warranted a special accommodation. For safety reasons, Sam started using her sick leave when her symptoms flared, leading to more tension with her boss.
No one should be subjected to unlawful discrimination in the workplace (or elsewhere, for that matter). If you’re concerned about potential discrimination on the basis of your condition, you may want to speak to your HR representative or other high-ranking manager to discuss the issue. If you believe the issue was not resolved and you were subjected to unlawful disability discrimination, you may also consider contacting the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the ADA (or an equivalent state or local agency), to file a formal complaint.
Your needs will vary depending on the severity of your asthma. What is considered “reasonable” can depend on many factors including occupation, workplace, and environment.
“The law says we have to look at the facts and circumstances of each request to see if it would be an undue hardship on the employer,” says disability rights lawyer Matthew Cortland. He added that an undue hardship is considered “an action requiring significant difficulty or expense.”
What does this mean?
“More expensive or difficult accommodations are more likely to be considered reasonable if the employer is large and has significant financial resources,” Cortland explained. “Smaller, less wealthy employers are less likely to be required to do more expensive or difficult accommodations.”
In short, what you might ask of a multimillion-dollar technology company might not be what a local business would be able to provide.
The Job Accommodation Network (JAN) provides a number of potential accommodations to help with fatigue, environmental triggers, air quality, and more.
These suggestions include:
- frequent rest
breaks - air
purification - creating a
smoke- and fragrance-free work environment - allowing the
employee to work from home - adjusting air
temperature and humidity - modifying work
location or equipment - using nontoxic
cleaning supplies
You can make a request during the application process, when you receive a job offer, or at any point during your employment.
While the U.S. Department of Labor’s Office of Disability Employment Policy notes that these requests can be made verbally, it is a good idea to do it in writing so that there is documentation.
After switching jobs, Sam says she chose to disclose her asthma to her new employer right away. Her current employers allow her to work from a different part of the building when heavy cleaners are used, and even adjust the location of meetings she’s involved in to limit her exposure.
Sam also decided to share information about her condition with co-workers outside of HR as well, and says it has been beneficial to her new environment.
“The superintendent saw me at my desk during one of the days [after a deep cleaning] gathering documents to take to my temporary work station, and she insisted that I leave the area immediately,” she said. “[She] asked me to contact her administrative assistant to bring me anything I needed from my desk to ensure I wasn’t exposed any more than needed.”
How to request a reasonable accommodation
(Video) The Doctor's Visit | As Good As It Gets | CineClips
How to request a reasonable accommodation
There is no standard accommodation for a person with asthma. Your needs will vary based on the severity and frequency of your asthma and the environmental factors that may trigger it, and the types of accommodations you may be eligible for will depend on what is considered reasonable for your workplace, job function, and employer.
The following are suggested steps if you are thinking about requesting an accommodation for asthma symptoms.
- Check with your HR department to
see if your employer is a covered
entity that has to comply with the ADA. Covered
entities include state and local governments, labor organizations, employment
agencies, and companies with more than 15 employees. It is possible that you
will be protected under state or local disability discrimination law even if
the ADA does not apply to your employer. - Research the ADA and talk to your healthcare
provider to see if your asthma symptoms meet the eligibility requirements for a
disability, and if they interfere with the essential functions of your job. - Learn more about what qualifies as a reasonable accommodation, and what doesn’t, under the ADA.
- Talk to your employer or HR
representative to learn about your employer’s policy or procedures for
requesting reasonable accommodations. You will need to disclose your disability
status to be eligible for workplace accommodations under the ADA. - Create a list of reasonable
accommodations you would like to request. - Present your request to your
employer.
“Usually the first step is for the employee to ask why their request was turned down,” Cortland said.
“The reasonable accommodation request process is supposed to be a discussion, and it’s in the best interest of the employer to engage in a meaningful dialogue with employees. If the request was denied because the employer doesn’t think the employee provided enough medical documentation, the employee can ask their healthcare provider to offer additional paperwork.”
If you think your request was denied on the basis of discrimination, Cortland suggests escalating your issues to someone else within your company.
“You can try to go to higher-ups within your org chart, if you belong to a union you can file a grievance, or you can file a complaint with the EEOC or the agency in your state that enforces disability protections in the workplace.”
* Name has been changed to protect anonymity.
Kirsten Schultz is a writer from Wisconsin who challenges sexual and gender norms. Through her work as a chronic illness and disability activist, she has a reputation for tearing down barriers while mindfully causing constructive trouble. She recently founded Chronic Sex, which openly discusses how illness and disability affect our relationships with ourselves and others, including — you guessed it — sex! You can learn more about Kirsten and Chronic Sex at chronicsex.org and follow her on Twitter.
This content represents the opinions of the author and does not necessarily reflect those of Teva Pharmaceuticals or any individual attorney. Similarly, Teva Pharmaceuticals does not influence or endorse any products or content related to the author’s personal website or social media networks, or that of Healthline Media. The individual(s) who have written this content have been paid by Healthline, on behalf of Teva, for their contributions. All content is strictly for informational purposes only and should not be considered medical or legal advice. You should contact an attorney licensed or authorized to practice in your state to obtain advice with respect to any particular disability discrimination or other legal issue. Use of and access to this content do not create an attorney-client relationship between any attorney and the user.
FAQs
What type of asthma is considered a disability? ›
Asthma attacks can only qualify claimants for disability benefits if they are prolonged (lasting at least a day at a time) and if they are severe enough to require “intensive” treatment, which is defined by the SSA as: intravenous bronchodilator, antibiotic administration, or.
How do you prove asthma disability? ›Up-to-date medical records that include statements from your doctor(s) that support your claim are critical to proving your case. Your medical records should contain documentation of each of your asthma attacks that sent you to the hospital or required emergency treatment.
Is asthma covered under the disability Act? ›30/03/2020. Severe asthma is classed as a disability, as it can directly affect your working and day-to-day life. So if you've been diagnosed with occupational asthma, as a result of negligence by a past or current employer, then the company you work for must take steps to manage your condition.
Can you be discriminated against for having asthma? ›Treated unfairly at work because of asthma
Usually, only severe asthma is considered as a disability covered by the Equality Act. But it's still worth getting some support and advice if you think you've been treated unfairly or differently at work because of your asthma.
A Social Security disability claimant with asthma meets listing 3.03(B) and is disabled if he or she has: Attacks in spite of prescribed treatment and requiring physician intervention, occurring at least once every 2 months or at least six times a year.
How much is disability for asthma? ›...
Asthma and VA Disability Ratings.
| Test | Result/Condition | Rating |
|---|---|---|
| FEV-1/FVC | Less than 40% | 100% |
| FEV-1/FVC | 40-55% | 60% |
| FEV-1/FVC | 56-70% | 30% |
| FEV-1/FVC | 71-80% | 10% |
100% — For this rating, a veteran must show a predicted FEV-1 of less than 40%; an FEV-1/FVC ratio less than 40%; more than one asthma attack per week with episodes of respiratory failure; or daily use of systemic (oral or parenteral) high dose corticosteroids or immunosuppressive medications.
How does asthma limit your ability to work? ›Asthma reduced work productivity by more than a third. Personal insights showed the impact of asthma on their emotional well-being at work, including tiredness, weakness and mental strain.
What are secondary conditions to asthma? ›These are called secondary-connected conditions. Of these adult patients, roughly 50% also suffer from obstructive sleep apnea, or OSA. At the same time, nearly 28% of asthma sufferers are at risk of developing OSA and 20% have some form of sleep-disordered breathing (SDB).
What jobs can you not do with asthma? ›- Lumberjack (outdoor allergens, sawdust)
- Construction (dust)
- Building destruction/ demolition (dust)
- Roadwork (dust)
- Electrician (dust)
- Factory work/ manufacturing (fumes, dust, chemicals)
- Welding (fumes)
- Auto mechanic/ auto body repair (fumes, chemicals)
What jobs can you do if you have asthma? ›
- Computer programmer.
- Web designer.
- Writer/ journalist/ philosopher (but avoid interviewing at another person's house)
- Respiratory therapists (you'll learn a ton about your disease)
- Nurse.
- Physician.
- X-Ray technician.
- Lab technician.
- Difficult to control asthma.
- Severe asthma.
- Occupational asthma.
Asthma is a long-term condition affecting children and adults. The air passages in the lungs become narrow due to inflammation and tightening of the muscles around the small airways. This causes asthma symptoms such as cough, wheeze, shortness of breath and chest tightness.
Is asthma a serious health condition? ›Asthma is a serious disease that affects about 25 million Americans and causes nearly 1.6 million emergency room visits every year. With treatment, you can live well. Without it, you might have to go to the ER often or stay at the hospital, which can affect your daily life.
What are symptoms of severe asthma? ›- Severe shortness of breath, chest tightness or pain, and coughing or wheezing.
- Low peak expiratory flow (PEF) readings, if you use a peak flow meter.
- Symptoms that fail to respond to use of a quick-acting (rescue) inhaler.
Asthma can cause some people to feel pain in the shoulders, neck, and lower back. You might feel sore, achy, or stiff. Your pain might be worse following an asthma attack. When you have back pain related to asthma, you might also experience symptoms such as chest pain, acid reflux, and fatigue.
Why is my asthma worse when it rains? ›Particles in the air irritate sensitive airways. When hard rain from a thunderstorm hits pollen grains, it can break them up. This makes them smaller and easier to inhale. The wind from the storm then carries the pollen grains where they can be inhaled into your lungs.
Can you take more than 2 puffs of albuterol? ›The recommended dose for an albuterol inhaler is two inhalations, not to exceed twelve within 24 hours. The typical dose for albuterol nebulized inhalation is 2.5 mg three to four times daily as needed. Oral forms can take longer to act so they need to be taken regularly.
Will asthma get me medically discharged? ›Asthma. Asthma (493), including reactive airway disease, exercise-induced bronchospasm or asthmatic bronchitis, reliably diagnosed and symptomatic after the 13th birthday is disqualifying.
Can you be rated for asthma and sleep apnea? ݤ 4.96, a separate rating can be assigned for asthma even when the veteran is receiving compensation for sleep apnea. While these respiratory conditions each impair his ability to breathe, each condition has distinct and separate symptomatology.
How can asthma be diagnosed? ›
To diagnose asthma, your doctor will discuss your personal and medical history with you. They will also perform a physical exam. You may need a lung function test (also known as a pulmonary function test), which can be done easily in the clinic. You may need other tests, such as a blood tests or chest and sinus X-rays.
What is in the PACT Act of 2022? ›The PACT Act is a historic new law that expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances. This new law empowers VA to provide generations of Veterans – and their survivors – with the care and benefits they have earned.
What asthma medications are immunosuppressive? ›- Immunosuppressive Agents.
- Polyenes.
- Cyclosporine.
- Sirolimus. Tacrolimus.
Steroids and other anti-inflammatory drugs work by reducing inflammation, swelling, and mucus production in the airways of a person with asthma. As a result, the airways are less inflamed and less likely to react to asthma triggers, allowing people with symptoms of asthma to have better control over their condition.
What organs are affected by asthma? ›Asthma is a chronic (long-term) condition that affects the airways in the lungs. The airways are tubes that carry air in and out of your lungs. If you have asthma, the airways can become inflamed and narrowed at times.
What conditions worsen asthma? ›Sinus infections, allergies, pollen, breathing in some chemicals, and acid reflux can also trigger attacks. Physical exercise; some medicines; bad weather, such as thunderstorms or high humidity; breathing in cold, dry air; and some foods, food additives, and fragrances can also trigger an asthma attack.
Does asthma cause GERD? ›Asthma and acid reflux often occur together. It isn't clear why, but it's known that acid reflux can worsen asthma and asthma can worsen acid reflux — especially severe acid reflux, a condition known as gastroesophageal reflux disease (GERD). Asthma and acid reflux can occur together in children as well as in adults.
Can asthma cause autoimmune disease? ›In short, no. Asthma is not considered an autoimmune disease. Autoimmune diseases develop when the body's immune system sees healthy tissues, organs, or cells as a threat. The immune system then attacks various parts of the body, which can cause a host of symptoms (joint pain, skin rash, heart issues, etc.)
How does asthma limit your ability to work? ›Asthma reduced work productivity by more than a third. Personal insights showed the impact of asthma on their emotional well-being at work, including tiredness, weakness and mental strain.
Can you get disability for asthma and COPD? ›If your COPD causes you to be out of work for at least 12 months, then yes, you could qualify for Social Security Disability Insurance (SSDI). When you apply for SSDI with COPD, in order to be approved, you need to meet a certain medical criteria outlined by the SSA.
How do you prove asthma is service connected? ›
In most cases, veterans seeking service connection for asthma must show three things: A current medical diagnosis for asthma from a qualified professional; An in-service event, injury, or symptom; and. A medical “nexus,” or link, between their asthma diagnosis and the in-service occurrence.
Who is classed as disabled? ›It says you're disabled if: you have a physical or mental impairment. that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities.
What jobs can you not do with asthma? ›- Lumberjack (outdoor allergens, sawdust)
- Construction (dust)
- Building destruction/ demolition (dust)
- Roadwork (dust)
- Electrician (dust)
- Factory work/ manufacturing (fumes, dust, chemicals)
- Welding (fumes)
- Auto mechanic/ auto body repair (fumes, chemicals)
- Computer programmer.
- Web designer.
- Writer/ journalist/ philosopher (but avoid interviewing at another person's house)
- Respiratory therapists (you'll learn a ton about your disease)
- Nurse.
- Physician.
- X-Ray technician.
- Lab technician.
Asthma is a chronic (long-term) condition that affects the airways in the lungs. The airways are tubes that carry air in and out of your lungs. If you have asthma, the airways can become inflamed and narrowed at times.
What lung conditions qualify for disability? ›If you have any of the following respiratory diseases, or other chronic inflammatory lung or obstructive lung diseases, you may qualify for SSDI: Chronic Respiratory Disorders (such as chronic obstructive pulmonary disease like chronic bronchitis and emphysema, and pulmonary fibrosis and pneumoconiosis) Asthma.
Is asthma a respiratory impairment? ›Asthma is a long-term disease of the lungs. It causes your airways to get inflamed and narrow, and it makes it hard to breathe. Severe asthma can cause trouble talking or being active. You might hear your doctor call it a chronic respiratory disease.
What stage of COPD qualifies for disability? ›No matter what stage your COPD is in, if you are unable to work full time, you will be able to get disability. You may have a better chance of qualifying for disability with COPD if your COPD is severe or very severe compared if your COPD is moderate or mild.
Will asthma get me medically discharged? ›Asthma. Asthma (493), including reactive airway disease, exercise-induced bronchospasm or asthmatic bronchitis, reliably diagnosed and symptomatic after the 13th birthday is disqualifying.
What are secondary conditions to asthma? ›These are called secondary-connected conditions. Of these adult patients, roughly 50% also suffer from obstructive sleep apnea, or OSA. At the same time, nearly 28% of asthma sufferers are at risk of developing OSA and 20% have some form of sleep-disordered breathing (SDB).
What is in the PACT Act of 2022? ›
The PACT Act is a historic new law that expands VA health care and benefits for Veterans exposed to burn pits and other toxic substances. This new law empowers VA to provide generations of Veterans – and their survivors – with the care and benefits they have earned.
What is the most approved disability? ›What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.
What are the 21 types of disabilities? ›- Locomotor Disability. Leprosy Cured Person. Cerebral Palsy. Dwarfism. Muscular Dystrophy. Acid Attack Victims.
- Visual Impairment. Blindness. Low Vission.
- Hearing Impairment. Deaf. Hard of Hearing.
- Speech and Language Disability.