Many individuals with multiple sclerosis (MS) can face challenges juggling the demands of professional and personal life with the often unpredictable nature of their condition.
Between symptom flare-ups, many employees who live with this autoimmune disease can work successfully with minimal disruptions.
However, when symptoms are active, employees can struggle with debilitating physical and mental limitations that make it difficult to work normally.
Because of the irregular structure of the disease, employees who want to request accommodations often wonder: Is multiple sclerosis a disability?
In this blog post, our experienced federal reasonable accommodation lawyers will address this and other common questions federal employees with MS have about their rights to accommodations.
We’ll discuss what qualifies as a disability, multiple sclerosis reasonable accommodations for federal employees, and the accommodations request process.
For assistance, please contact us online or call (800) 801-0598 today.
Is MS Considered a Disability Under the ADA?
Yes. MS can qualify as a disability under the Americans with Disabilities Act (ADA) and the equivalent law for federal employees, the Rehabilitation Act of 1973 (Rehab Act).
MS is a chronic autoimmune disease that affects the central nervous system. In MS, the immune system attacks the protective covering around the nerves, making it difficult for the brain to communicate with and control parts of the body.
Individuals with MS can experience a variety of symptoms, depending on the location and severity of their nerve damage. Some of the most common symptoms include difficulty walking, vision loss, dizziness, fatigue, slurred speech, and problems with memory or concentration. More severe cases can involve paralysis, muscle spasms, and bladder or bowel problems. Many individuals with MS experience symptoms in episodes or “attacks,” followed by long periods without them. Others suffer these limitations continually.
In either case, individuals with MS can meet the criteria to qualify for federal disability discrimination protections at work.
The ADA and Rehab Acts define disability as a physical or mental impairment that substantially limits at least one major life activity, such as:
- Seeing,
- Walking,
- Standing,
- Speaking,
- Reading,
- Thinking, and
- Operating major bodily functions.
All of these are activities often impaired by the symptoms and complications of MS.
Importantly, even if your MS symptoms are not currently active or controlled by medication, you are still considered to have a disability under federal law. If you have a medical record of impairment when your symptoms are active or not treated, you can request reasonable accommodations for MS under the ADA or Rehab Act.
What Are Reasonable Accommodations for Multiple Sclerosis?
A reasonable accommodation is a change to the work environment that helps employees with MS manage their limitations to fulfill their job duties.
Here are examples of accommodations that address common limitations employees with MS face:
- Low mobility. Employees with difficulty walking may have their workstations moved closer to the bathroom, break room, or other essential resources. Working from home may be appropriate if an employee can’t walk during an episode of multiple sclerosis.
- Loss of coordination. Installing railings and adaptive grip aids in key areas can help stabilize individuals and prevent falls. Non-essential tasks that involve fine motor skills may be reassigned to other employees.
- Fatigue. Offering flexible work hours and additional rest breaks can help employees complete tasks while managing fatigue with MS. Employees normally on their feet for long hours can request a chair or stool.
- Low vision. Screen magnification software, larger monitors, task lighting, and other tools can help employees with visual difficulties due to MS. An employee can also request that any instructions or information normally put in writing be confirmed verbally by a manager.
- Speech difficulties. Personal speech amplifying tools or text-to-voice software can help employees communicate verbally. Employers may alter policies so employees can share information or give feedback via writing instead of orally.
- Attention and concentration challenges. Noise-cancelling headphones or a private workspace can reduce distractions. Employees may also benefit from more time or structured support when completing projects.
- Temperature sensitivity. Since temperature changes can intensify the symptoms of MS, employees may request devices to help keep cool in their workspace, such as air conditioners, fans, or cooling vests.
Multiple sclerosis reasonable accommodations for federal employees can take many forms, depending on your job role and symptoms.
Be aware that your employer is not legally required to approve your first-choice accommodation or anything that would pose an undue hardship on their operations.
How Do I Get Multiple Sclerosis Work Accommodations?
The first step in getting a workplace accommodation is informing your employer about your request. Draft a letter explaining that you need accommodations at work due to a medical condition.
In it, you should include the following:
- Details about the specific limitations you face—muscle weakness prevents you from lifting heavy objects;
- Ideas for accommodations that would help—magnifying tools or lighting to help with your vision troubles; and
- Medical documentation—ideally, a note from your doctor verifying the extent of your condition and impairments.
Your employer will consider your request and may ask for additional medical documentation. Then, you can begin the informal discussion process to identify an accommodation that is feasible for your employer and effective for you. This may take time and even involve testing different accommodations. Under federal law, your employer must collaborate until you find an adjustment that works.
Pines Federal: Trusted Advisors for Federal Employees
Navigating your legal rights in the workplace can be overwhelming, especially when you’re also managing a chronic illness. If you’re concerned about your rights or negotiating the accommodations process alone, the team at Pines Federal can help.
Our federal employment lawyers are practiced and compassionate advocates with over six decades of collective experience with workplace disability rights cases. We’ve helped hundreds of federal employees seek the accommodations they deserve and are prepared to help you. Contact our office online or call (800) 801-0598 today to learn more.