Assuming all appropriate criteria are met, an employee with Irritable Bowel Syndrome (IBS) may request a reasonable accommodation under the Americans with Disabilities Act (ADA) from their employer. This is a modification to some aspect of the job that will allow the employee to perform the essential job functions more effectively, despite the impairments caused by the SII. A reasonable accommodation is a powerful protection, because it is proactive, which means you do not have to wait for redress in court or through some other administrative process to remedy discrimination that has already occurred.

The employer

The employer must be covered by the ADA. Covered employers are:

1. All private (for example, non-governmental) employers with 15 or more employees
2. All state and local government agencies with 15 or more employees
3. All Federal government agencies regardless of the number of employees.

The employee

The employee seeking protection under the ADA must (1) be qualified to perform the essential functions of the job, with or without reasonable accommodation; and (2) has a disability, which means having a physical or mental impairment that substantially limits major life activities.

With regard to qualifications, if the position requires a certain level of education, experience, skill set, certification, or license, the employee must meet those requirements. Assuming the employee is otherwise qualified, the question is: could the employee perform the essential job functions despite IBS without job modification sought as a reasonable accommodation? Note that the focus here is the essential job functions, that is, those that are essential to the performance of the job. This will be determined on a case-by-case basis. A written job description from the employer would be helpful in defining the essential function of the job, but is not determinative.

A disability under the ADA is a physical or mental impairment that substantially limits a major life activity. The term “major life activity” is intended to be broad and inclusive. Fortunately for IBS patients, a 2008 amendment to the ADA specifically defined major life activities as including digestive and intestinal function. If the condition causes a “substantial limitation” it will apply on a case-by-case basis, even though Congress has mandated that the rule be applied liberally. An impairment that is episodic or intermittent will still qualify for protection if it would substantially limit a major life activity. when active. The assessment of the degree of deterioration is also carried out as if no palliative measures were being taken (for example, without medication or other treatment).

What is a Reasonable Accommodation?

There is no absolute definition of what is a reasonable accommodation, but a recognized example is modification and flexibility in work scheduling. If unexcused and/or excessive absenteeism and tardies caused by IBS have an adverse impact on the employee’s work, the situation could be remedied (or at least remedied) through increased scheduling flexibility. Examples would be changing schedules or taking time away from lunches or other breaks to make up for tardiness. Similarly, changing the position to a non-hourly position, for example based on work output or some type of quota, should be an option. In other words, the employee can avoid outbreaks as best as possible, and as long as the work is completed to a predetermined standard, there is no penalty for “breaking” standard work hours. These are not the only examples of reasonable accommodations at work that might apply, although they will likely be frequently requested by an IBS patient. There are circumstances in which an employer may deny a reasonable accommodation request, but that is outside the scope of this article.

You can find a more detailed treatment of the protections available under the ADA for employees with Irritable Bowel Syndrome and other digestive diseases at the link.