Are You Allergic to Your Job? ADA Guidance

Delta flight attendants say they are suffering from hives, respiratory issues, and compromised immune systems, possibly due to new uniforms that were issued about 18 months ago.

The photo is from the Cleveland Health Clinic, showing a person who suffers from stress-induced hives (me, too, but not sharing photos).

Does the Americans with Disabilities Act offer any legal help in these situations?

Likely, yes.

In 2008, Congress passed the ADAAA—The Americans with Disabilities Amendatory Act. 

It broadens the definition of disability to include immune disorders. It also defines “work” as a “major life activity.” Thus, if you are “substantially limited” in “working” you may request a “reasonable accommodation.”

What should the flight attendants and Delta do? First, the employees need to speak up (they are afraid to do so, and are reporting anonymously). Retaliation for raising an ADA issue is a violation of the ADA.

Next, Delta must engage in an “interactive process.” That’s fancy for talk it out.

From there, the law is murky. What is a “reasonable accommodation?” Cost is a factor in determining “reasonable.” Effectiveness is also a factor. What if 20% of flight attendants who report health problems are helped by an accommodation (use old uniforms that had no problems), but 80% are not?    

More generally, many of us are stressed at times (or constantly) by our work. Employers aren’t under a duty to provide a stress-free job. However, when many employees report a common cluster of symptoms, it’s probably time to start talking it out and working toward solutions.

PS: I worked with the flight attendant union for about 15 years and learned of a distressing occupational study. Flight attendants who routinely flew international routes near the North Pole had unusually high blood cancer rates. The study showed correlation but not causation. Last I heard, the speculation was that something about the electromagnetic impulses and the conductivity of the aircraft’s skin were x-raying these employees in overexposed amounts.

Thanks to AMR for the blog suggestion!