Crohn’s disease is a type of disability covered by the Americans with Disabilities Act. However, certain rules and exceptions must be observed.
Crohn’s disease is a type of inflammatory bowel disease (IBD). It causes the lining of your digestive tract to become inflamed and may lead to symptoms, such as:
- abdominal pain
- diarrhea
- weight loss
- bloody stools
- fatigue
Crohn’s symptoms fluctuate and may be unpredictable. This could affect your ability to participate in daily activities, including work.
For instance, you may have periods with no symptoms (remission) or prolonged periods where symptoms reappear or worsen (flare-ups), making it difficult to work effectively.
If you have Crohn’s, you may feel driven to secrecy and choose not to disclose your condition with your employer. You may also turn down opportunities for career advancement, such as:
- refusing promotions or job offers because you’re not sure you can meet the demands of a new position
- fear you can’t perform these new duties because of your disease
- the added stress of a new job may lead to worse or more frequent flare-ups
However, Crohn’s doesn’t have to hinder your career, and you don’t have to experience discrimination in the workplace.
Keep reading to learn more about Crohn’s disease and the Americans with Disabilities Act (ADA).
The ADA protects disabled employees from job discrimination. It applies to businesses with at least 15 workers on the payroll.
Protected employees must meet the ADA’s definition of physical or mental disability. It defines disability as “a physical or mental impairment that substantially limits one or more major life activities.”
Crohn’s disease is a physical impairment that affects your digestive system. It can negatively affect your ability to consume food and dispose of bodily waste. Symptoms may range from mild abdominal cramping to severe, life threatening infections.
As a result, it meets the ADA’s definition of a disability.
“Reasonable accommodation”
Under the ADA, someone with a disability may request “reasonable accommodation” from their employer. The ADA defines “reasonable accommodation” as an adjustment that wouldn’t create any “undue hardship” for the employer.
For example, an employee with Crohn’s disease might ask to sit near the restroom. They might also request to work from home, using telecommuting technology.
If you start telecommuting, tasks that you previously performed in the office might be reassigned to your co-workers.
In a workplace with a large staff, that might be manageable. In a business with a small overburdened staff, extra tasks could be interpreted as causing “undue hardship.”
This is why each situation is determined on a case-by-case basis. Telecommuting may be reasonable in one workplace but not in another.
ADA violations
Employers who fail to comply with the ADA’s guidelines risk being sued in federal court by the United States Department of Justice.
First-time offenders face civil penalties of up to $111,614. For subsequent violations, you may face up to $223,229.
Consult ada.gov to find more information about your workplace rights.
According to a 2020 study, people with Crohn’s disease miss around 9.36 workdays a year due to “medical-related absenteeism.”
Medical-related absenteeism days were defined as days where a person:
- sought inpatient care
- visited an emergency room
- sought outpatient care or other types of care
- was eligible for disability benefits but hadn’t begun receiving them yet
Each day spent in inpatient care was considered the equivalent of 1 missed workday. Each emergency room visit counted as 1 missed workday.
Each visit to an outpatient facility or other type of facility counted as .50 missed workdays.
People with Crohn’s also received disability benefits on 8.83 days each year.
In comparison, people without IBD missed 5.09 workdays a year due to medical-related absenteeism. They also had 5.31 disability days a year.
In addition, a 2016 survey found that people with Crohn’s lose $1,249 worth of earnings each year due to illness. People without Crohn’s lose $644 each year.
If you experience a Crohn’s flare-up that inhibits your ability to work, you might consider taking time off. You might also request a leave of absence if someone you care for has a serious Crohn’s flare-up.
Under the Family and Medical Leave Act (FMLA) of 1993, you may be eligible for up to 12 weeks of excused unpaid absence each year if you or a family member has a “serious health condition” like Crohn’s.
It’s important to note, however, that only companies with 50 or more employees are required to comply with the FMLA. Your employer can decide whether to provide benefits and pay while you’re on leave.
Can you claim disability for Crohn’s?
Yes, you may claim disability for Crohn’s disease under the Americans with Disabilities Act (ADA).
How hard is it to get disability for Crohn’s disease?
Getting disability for Crohn’s disease under the ADA will depend on several factors, such as the number of people working for your employer and the type of accommodation you request.
Crohn’s disease can take a toll on your health and workplace productivity. In some cases, it can limit your ability to get work done.
Although it may feel scary, speaking to your employer about your condition may help you manage it.
Have a candid conversation about your workplace concerns.
Talk about adaptations or accommodations that might help you get your work done while managing your condition. For example, consider asking for a leave of absence if you’re experiencing a flare-up.
If needed, your doctor can write a letter of appeal to your employer. It should address your employer’s need to make reasonable accommodations to suit you.