Under the Americans with Disabilities Act (ADA), employees with disabilities are protected from discrimination in the workplace. Who might that include?

To give you an idea, this article describes ten common disabilities cited in ADA claims of job discrimination.

1. Back and spinal injuries
2. Psychiatric and mental impairments
3. Neurological impairments
4. Impairments related to extremities
5. Heart impairments
6. Substance abuse
7. Diabetes
8. Hearing impairments
9. Vision impairments
10. Blood disorders

let’s start at the top.

1. Back and spinal injuries

            Far too many people probably guessed that back and spinal injuries were on this list because of personal experience. Back issues are not uncommon in a variety of work settings, from manual labor jobs to office jobs (especially those that provide less than stellar desk chairs). One of the most common accommodations for this kind of injury is restrictions on lifting. For example, in one case, Leslie v. St. Vincent New Hope, Inc., the plaintiff had a back injury but was not accommodated despite an employee in a similar situation receiving accommodation in the form of a transfer. Leslie worked as a resident attendant and her responsibilities often required lifting, so she requested light duty from a supervisor. However, light duty was denied and she was not even considered for a position in a different unit like the other employee was.

            Lifting restrictions are not the only kind of reasonable accommodation helpful for those suffering from back injuries. Sometimes, employees might request to work at home, as was the case in Anzalone v. Allstate Insurance Company. In this case, the plaintiff’s duties were mainly outside of the office, anyway, and the employer had allowed others to work at home before. The court decided that the wronged employee had a right to a trial under the ADA. In a different case, Stewart v. County of Brown, the court decided that the employer had done a sufficient job reasonably accommodating an employee with neck and back pain, as they had made several adjustments to his chair and other office equipment and even reduced his work schedule.

2. Psychiatric and mental impairments

            Another common disability claim under the ADA is for psychiatric/mental disability, which is a rather broad category and includes things like depression, anxiety, bipolar disorder, and posttraumatic stress disorder. Several accommodations have been suggested by the Equal Employment Opportunity Commission (EEOC) for individuals with these kinds of impairments, including schedule adjustments, extra time off (e.g. at lunch) for therapy sessions, job modifications (e.g. reassignment of marginal tasks), a quiet workspace (e.g. installing a door to reduce noise), and working from home. In one case, EEOC v. Voss Electric Co., the employer fired a long-time employee instead of providing reasonable accommodation in the form of physician-recommended extra time off for in-patient care due to bipolar disorder. Ultimately, the employer had to provide monetary and non-monetary relief, which included training its employees on ADA requirements.

3. Neurological impairments

            Neurological impairments can include epilepsy, severe migraines, and nervous system disorders. One example of a helpful accommodation is a flexible work schedule, which is what Meijer provided to the plaintiff in the case Pattison v. Meijer, Inc. The plaintiff in this case had a head injury and seizure disorder that made it unsafe for him to drive at night. Consequently, the employer offered two modified work schedules and two reassignments, which the court deemed was a sufficient reasonable accommodation. An example of an accommodation that might be requested that is not considered reasonable might be the flexibility to only go to work on days without migraines when regular job attendance is an essential job function. Employers do not have to comply with requests that would pose an undue hardship for them.

4. Impairments related to extremities

            These kinds of impairments can include hand and leg injuries or disabilities and carpal tunnel syndrome, which is common for administrative and clerical workers. Reasonable accommodations for carpal tunnel syndrome or other repetitive motion injuries might include ergonomic keyboards and chairs or intermittent medical leave. On the other hand, courts have said indefinite leave, even if unpaid, is not a reasonable accommodation, such as in the case Hudson v. MCI Telecommunications. The court in that case said reasonable accommodations are meant to enable the employee to complete essential duties currently or shortly. Additionally, in Feliberty v. Kemper Corporation, the court said that removing keyboard work when it is an essential job function (e.g. when your position requires six to eight hours of work using a keyboard each day) is not reasonable. The plaintiff in that case was deemed unqualified for the position, not discriminated against.

5. Heart impairments

            Heart problems are quite common in the United States, although they do not always require work accommodations to be made. However, when they do, it is often in the form of limitations on lifting and other strenuous activities, similar in a way to back injuries.

6. Substance abuse

            This category of disability is a bit more nuanced than some of the others, as employees are not always protected under the ADA for substance abuse disorders. If an employee is currently abusing drugs or alcohol, they are not protected. However, someone who is no longer abusing substances and who has completed rehabilitation is participating in supervised rehabilitation, or is perceived as abusing substances but is not, is protected under the ADA. The most common reasonable accommodation for people struggling with substance abuse is a leave of absence, which they can use for a rehabilitation program.

7. Diabetes

            Diabetes is another disease that sometimes leads to employment discrimination. Employers should provide reasonable accommodations for people with diabetes, which can include things like the chance to take breaks when needed to check blood sugar or eat, the freedom to eat while working to avoid low blood sugar, or an adjustment to the work schedule for doctor’s appointments.

8. Hearing impairments

            This can include complete deafness or significant hearing loss. In one case, Bryant v. Better Business Bureau of Greater Maryland, it was ruled that the employer was liable for denying certain accommodations to a hearing-impaired coordinator. The court said it was not an undue hardship for this employer to have provided the employee with a text telephone system device to help with phone calls. Other accommodations for people with hearing impairments include similar assistive technology as well as basic things like ensuring the individual can see the presentation in a meeting.

9. Vision impairments

            Vision impairments range from serious vision problems to total blindness. Accommodations might include reading assistants, transfer of job duties that are made difficult by vision loss, the permission of a guide dog, or the ability to work from home (e.g. when travel is made difficult by bad weather on top of vision loss).

10. Blood disorders

            One common blood disorder is hepatitis, which might lead to requests for time off for treatment. One thing to note is that an employer might be allowed to deny a position that requires food handling to someone who has hepatitis A if the risk of transmission cannot be eliminated through reasonable accommodation.

            If you believe you have been discriminated against based on disability status, contact a discrimination attorney to discuss your case. You may be entitled to damages.