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Introduction
Many workers have caregiving responsibilities and need access to some level of workplace flexibility in order to care for a spouse, child, or family member with a medical impairment. Workplace flexibility can include benefits or privileges of employment, like flexible and alternative scheduling, working at home, and access to leave. This flexibility can strengthen employee morale and increase retention by enabling employees to constructively manage work responsibilities and personal obligations, but many workers do not have general access to these benefits or privileges of employment. As a result, JAN often receives inquiries about whether the Americans with Disabilities Act (ADA) can be applied to caregivers of individuals with disabilities who request workplace flexibility as a form of reasonable accommodation. Workers with caregiving responsibilities are not entitled to receive workplace reasonable accommodations under the employment provisions of the ADA, but alternative federal, state, and local requirements can apply. The following Q&A addresses some of the most common inquiries JAN receives related to caregivers, accommodations, and the ADA.
Questions and Answers
Are caregivers of individuals with disabilities protected from workplace discrimination under title I of the ADA?
Yes. Caregivers of individuals with disabilities do have non-discrimination protections under the “association” provision [...]