Episodic Conditions and Illnesses In Remission

The ADA Amendments Act of 2008 (ADAAA) broadened protection for individuals with episodic impairments and impairments in remission. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. The employee does not have to be experiencing symptoms at the time of the employment action or accommodation request to be covered.

The determination of whether an impairment substantially limits a major life activity generally must be made without regard to the beneficial effects of mitigating measures, such as medication, treatment, therapy, assistive devices, or learned behavioral modifications. Ordinary eyeglasses and contact lenses are an exception.

If an applicant or employee with an episodic condition or condition in remission requests a workplace adjustment related to the condition, the city should engage in the interactive process and consider reasonable accommodation. Accommodation is required for a qualified individual with a disability unless it would create an undue hardship.

Examples of impairments that may be episodic or may enter remission include epilepsy, migraine disorders, multiple sclerosis, cancer, bipolar disorder, major depressive disorder, post-traumatic stress disorder, autoimmune disorders, and gastrointestinal conditions. Whether a particular condition qualifies remains an individualized assessment, but the definition of disability must be construed broadly.