Who is covered by the Americans with Disabilities Act (ADA)?
The ADA legally defines a person with a disability as someone who:
- “Has a physical or mental impairment that substantially limits one or more major life activities, or
- “Has a history or record of an impairment (such as cancer that is in remission), or
- “Is regarded as having such an impairment by others even if the individual does not actually have a disability (such as a person who has scars from a severe burn that does not limit any major life activity).”
Visit this ADA Factsheet to learn more about how disabilities are defined: https://adata.org/factsheet/ada-definitions
Is being immunocompromised covered by ADA?
Yes. Immune system disorders are covered by the ADA.
The Americans with Disabilities Act Amendments Act (ADAA) added functions of the immune system to being one of the major bodily functions that are part of major life activities.
In addition, the Social Security Administration details its own rules about evaluating Immune System Disorders as disabilities.
Learn about ADAA definitions: https://askjan.org/topics/Americans-with-Disabilities-Act-Amendments-Act.cfm
Learn about how SSA classifies Immune System Disorders as disabilities: https://www.ssa.gov/disability/professionals/bluebook/14.00-Immune-Adult.htm#Top
What are my ADA rights?
You have the right to request reasonable accommodations. This should be an interactive process to find the accommodation(s) that make sense for you and are reasonable for the business.
In the workplace, ADA and ADAAA apply only to businesses with over 15 employees, but may apply to smaller workplaces depending on state laws. Individuals regarded as having a disability who do not have a disability are not entitled to accommodations.
What does it mean for ADA accommodations to be reasonable?
An accommodation is reasonable when it may be made without causing “undue hardship” or a significant difficulty or expense for the business. This may be determined on a case-by-case basis.
Learn about the reasonable accommodation process here: https://adata.org/factsheet/reasonable-accommodations-workplace
The Immune Deficiency Foundation shares some examples of reasonable workplace accommodations here: https://primaryimmune.org/resources/news-articles/workplace-accommodations-immunocompromised-pandemic-wanes
ADA Accommodation Tips and Tricks
- Be honest about your needs. In some cases, you may need documentation of your disability for workplace accommodations.
- If a policy is already in place, ask what they would consider to be a reasonable accommodation.
- If you get pushback, ask what they think would be reasonable.
- Be flexible and try to problem solve. Sometimes if you’re looking for a bouquet of roses, you get a bouquet of lilies instead.
What are my rights outside of the United States?
Laws vary by location. We recommend learning about laws where you live or plan to travel to. One resource to consider is the International Immunocompromised Advocacy Network, a network of organizations serving immunocompromised people in countries around the world.
Find an organization near you: https://www.iian.info/endorsers/
Related Resources
Service animals
About service animal rights: https://www.ada.gov/topics/service-animals/
Service animal requirements: https://www.ada.gov/resources/service-animals-2010-requirements/
Think of me Please® Door Hangers
You can request a free Think of me Please® Door Hanger to non-verbally communicate your status as an immunocompromised person to others. This tool is our first piece of signage available for patients to non-verbally communicate their immunocompromised status without sharing personal health information. These door hangers were inspired by patients and families who shared stories of encounters with healthcare providers, coworkers, friends, and family who entered their rooms or homes without thinking to take precautions to avoid getting them sick. Learn more and request yours for free today!
Disclaimer: These materials are intended to convey general information only and not to provide legal or medical advice or opinions.