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Introduction
| Information About | Americans
with Disabilities Act | Accommodating Employees
| Resources | References
JAN’s Accommodation and Compliance Series is designed to help employers determine effective accommodations and comply with Title I of the Americans with Disabilities Act (ADA). Each publication in the series addresses a specific medical condition and provides information about the condition, ADA information, accommodation ideas, and resources for additional information. The Accommodation and Compliance Series is a starting point in the accommodation process and may not address every situation. Accommodations should be made on a case by case basis, considering each employee’s individual limitations and accommodation needs. Employers are encouraged to contact JAN to discuss specific situations in more detail. For information on assistive technology and other accommodation ideas, visit JAN's Searchable Online Accommodation Resource (SOAR) at http://www.jan.wvu.edu/soar.
Information about Migraine Headaches How prevalent are migraine headaches? According to the National Headache Foundation, an estimated 28 million Americans have migraine headaches. The World Health Organization considers migraines to be one of the most debilitating diseases in the world. In addition, an estimated 14 million Americans have undiagnosed migraine headaches (Lawrence, 2004).
What are migraine headaches? Migraine headaches are the most common form of a vascular headache, which is an abnormal function of the brain’s blood vessels (UVA Health, 2004). There are several different types of migraines that have different symptoms associated with them. Examples of migraines include:
What causes migraine headaches? No one knows for certain what causes Migraine Headaches. Some doctors believe that they are due to changes in brain chemistry, which causes blood vessel dilation and inflammation. Research has shown that almost all individuals with migraines have a close relative who also has migraines (Mayo Clinic, 2005).
How are migraine headaches treated? As of today, there is no cure for migraines. Often, individuals with migraines look at treating or preventing the migraine. Preventive medications are used to reduce the number of attacks for individuals that have two or more migraines a month. Examples of some of the prescribed medications are Beta-blockers, Anti-depressants, and Divalproex Sodium. Many individuals who take preventive medications also take medication to treat the severity of the migraine (Lawrence, 2004). Migraines and the Americans with Disabilities Act Are migraine headaches disabilities under the ADA? The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment. According to the Equal Employment Opportunity Commission (EEOC), having migraine headaches is an impairment. Therefore, people with migraine headaches who are substantially limited in a major life activity will have a disability under the ADA.
Accommodating Employees with Migraine Headaches Note: People with migraine headaches may develop some of the limitations discussed below, but seldom develop all of them. Also, the degree of limitation will vary among individuals. Be aware that not all people with migraine headaches will need accommodations to perform their jobs and many others may only need a few accommodations. The following is only a sample of the possibilities available. Numerous other accommodation solutions may exist. Questions to Consider:
Accommodation Ideas: Lighting Triggers:
Noise Triggers:
Smell/Fragrance Triggers:
Other:
Situations and Solutions: An employee who works in a cubicle setting was experiencing migraine headaches that were triggered by the noise level; she was located in a high traffic area by the copy machine. The employer accommodated this employee by moving her to an area with less traffic and providing an environmental sound machine. A computer programmer experienced migraines that were triggered by the noise level in his cubicle and the overhead fluorescent lighting. As an accommodation, his employer provided him with a noise canceling headset, disabled the fluorescent light above his cubicle, and provided natural task lighting. A human resource representative had migraines several times a month, which prevented her from working. As an accommodation, the employer provided unpaid flexible leave after all of her paid leave was exhausted. An assembly line worker’s migraines were triggered by various fragrances. The employees around him often wore overwhelming perfumes that caused him to have a migraine. As an accommodation, the employer asked other employees to voluntarily refrain from wearing fragrances. The employee was also moved to a part of the assembly line where the fragrances were not as strong. An accountant had a migraine headache about twice a week, which prevented him from coming to work. As an accommodation, the employer allowed this employee to work for home when he had a migraine headache. If his migraine was too severe to work from home, the employee was allowed to use comp time. Products: There are numerous products that can be used to accommodate people with limitations. JAN's Searchable Online Accommodation Resource (SOAR) at http://www.jan.wvu.edu/soar is designed to let users explore various accommodation options. Many product vendor lists are accessible through this system; however, upon request JAN provides these lists and many more that are not available on the Web site. Contact JAN directly if you have specific accommodation situations, are looking for products, need vendor information, or are seeking a referral. Equal Employment Opportunity Commission. (1992). A technical assistance manual on the employment provisions (title I) of the Americans with Disabilities Act. Retrieved September 5, 2008, from http://www.jan.wvu.edu/links/ADAtam1.html Lawrence, E.C. (2004, November). Diagnosis and Management of Migraine Headaches. Southern Medical Journal, 97(11),1069-1077. Retrieved August 21, 2005, from EBSCOhost Academic Search Elite database: http://www.sma.org Updated 09/05/08 |
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