Serious Health Condition, Disability, or Both?

03/07/07

Every fall, an employee misses work due to a serious allergic reaction to ragweed. Quick—is this a “serious health condition” covered by the FMLA? Or is it a “disability” covered by the ADA?

In situations like this, it’s not always easy to tell. A serious health condition is defined as “an illness, injury, impairment, or physical or mental condition that involves . . . inpatient care . . . or continuing treatment by a health care provider.”

An ADA disability, on the other hand, is “an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.”

The difference between the two can be clear: a hernia is a serious health condition but isn’t a disability, while an arm withered by polio years ago is clearly a disability and not a serious health condition (barring continuing complications).

It can be equally clear that a case is covered by both laws—such as when an employee has a stroke.

As for the allergy case, it’s probable that a doctor would certify it as a serious health condition for purposes of the FMLA.

But is it also covered by the ADA? To decide that, you’ll need to consider evidence that supports the idea that the person has a “substantially limiting impairment” or a record of one. Also, a recent Supreme Court decision allows you to consider whether a disability can be “mitigated”—and many drugs can now reduce or eliminate allergy symptoms.

All in all, a case like this one falls into a gray area—an area that will likely stay gray even after you make a decision.