Patients Rising: “Addressing Discrimination in the Workplace”
An excerpt from PatientsRising.org- Migraine Patients: Know Your Rights
“DO I QUALIFY FOR PROTECTION UNDER THE ADA?
Not all migraines are classified as a disability. Under the ADA, migraines may be considered a disability if they substantially limit your ability to complete one or more major life activity. This determination is made on a case-by-case basis and requires an individualized assessment.
For your migraines to quality as a disability under the ACA, you will need to show that your migraines are serious enough to limit your ability to perform your job or specific job tasks given your work environment. For example, consider whether the lighting, certain smells, or noises in your office trigger your migraines.
You will also need to demonstrate to your employer that you are a “qualified individual” with a disability. This means (1) you are qualified for the position (i.e., meet your employer’s requirements for the job, such as education, experience, skills, or licensure); and (2) you are able to perform the essential functions (i.e., the fundamental duties of the position) “with or without reasonable accommodations.” In other words, you are not protected under the ADA if you do not qualify for and cannot complete the basic requirements of your job without accommodations.”