Can a Job Fire You for Having Asthma?

If you have asthma, you may have a disability that is protected by the Americans with Disabilities Act (ADA). If you seek a reasonable accommodation for asthma from your employer, and your employer instead fires you, you may be eligible to pursue compensation for your wage losses and other harm through a job discrimination or wrongful termination lawsuit.

It will be important to seek help from an attorney with experience in dealing with wrongful termination, workers’ compensation benefits, and related legal issues on behalf of workers in Portland and surrounding areas.

What Are the Three Types of Asthma?

Out of the roughly 170 million working adults in the United States, it is estimated that as many as 13 million have some form of asthma, or 7.6 percent of the country’s working population, according to a study published recently in the American Journal of Industrial Medicine.

As the Mayo Clinic describes it, asthma is a condition in which a person’s airways become swollen and narrow. It can make it difficult for a person to breathe, trigger coughing fits, and even lead to a deadly asthma attack. Asthma can make it difficult, if not impossible, for a person to work.

Three common types of asthma are:

• Exercise-induced asthma — When you exercise, you tend to breathe through your mouth, drawing in dry, cool air that causes the swelling and narrowing of airways.
• Allergy-induced asthma — When swelling and narrowing of airways are caused by inhaling substances such as pollen, spores, or chemicals.
• Work-related asthma — When dust, gases, or other pollutants in the work environment cause breathing problems and other asthma-related symptoms, which can cause trouble with performing tasks.

What Is Work-Related Asthma?

The American Journal of Industrial Medicine reports that nearly 1 million adult workers in the U.S. suffer from work-related or occupational asthma. The condition can arise from inhaling substances in the air due to an employer’s failure to provide proper safety equipment or failure to take other measures to protect employees’ health and safety.

While the symptoms are similar to other types of asthma, it is important to pay attention to when they start to appear. For instance, if you start to cough excessively, suffer shortness of breath, and feel chest pain or tightness after exposure to a substance on the job, those symptoms may be directly related. You should seek medical attention as soon as possible.

Work-related asthma could entitle you to workers’ compensation benefits for related medical treatment, lost wages, and other covered losses.

Is Asthma a Disability Under the ADA, and Can You Ask for Reasonable Accommodations?

If you suffer from any form of asthma, regardless of whether it is work-related, you may have a disability that requires your employer to make a reasonable accommodation.

Under the ADA, you have a disability if:

• You have a physical or mental impairment that substantially limits one or more major life activities,
• You have a history or record of an impairment, or
• You are regarded as having such an impairment.

Breathing is clearly a major life activity. So, if you experience breathing problems due to your asthma, your employer can and should take basic steps such as preventing your exposure to substances that trigger it.

Suing for Wrongful Termination Under the Americans with Disabilities Act

If you believe you have been wrongfully terminated due to discrimination because of your asthma, you should seek help from an attorney without delay. An attorney can help you work with your employer. If necessary, your lawyer can also help you to file a charge with the Equal Employment Opportunity Commission (EEOC) and pursue a claim in federal court.

To learn more about your rights and options, contact Jodie Anne Phillips Polich, P.C., or call us at 503-451-6065 today. We can review your case in a free consultation.