Legal Question in Disability Law in Florida

Qualification for ADA for IBS

I have recently been diagnosed as having IBS Irritable Bowel Syndrome and have been advised by a specialist to have a 'spastic colon'. As I have been told that this is not a situation that will go away, and that at times the symptoms are quite debilitating,does this qualify under the ADA?


Asked on 12/20/99, 10:22 pm

1 Answer from Attorneys

Re: Qualification for ADA for IBS

To determine coverage under Title I of the ADA, which applies to employment discrimination, one must ask whether you are a qualified individual with a disability who can perform the essential functions of the job with or without a resonable accomodation.

Whether IBS, or any condition/diagnosis, rises from the level of an "impairment" to that of a "disability" must be determined on a case by case basis, that is how does this condition affect you, not the general public. For example, not everyone with cerebral palsy is considered disabled under the ADA.

Does YOUR condition substantially limit a major life activity?

Is YOUR condition expected to be long term?

Remember that a determination as to diability only brings you part of the way to ADA coverage. You must still be a qualified individual who can perform the essential functions of the job with or with a resonable accomodation. Good luck. Sorry to be so late with this answer but I just discovered this site myself.

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Answered on 2/17/00, 2:27 pm


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