Unfortunately, employers sometimes face situations where employees disclose a progressive medical condition that likely will result in their inability to continue working at some point in the future. Does this anticipated deterioration in the employee’s health provide grounds for the employer to deny accommodations or otherwise part ways with the employee now? In the absence of evidence showing that the employee is currently unqualified to perform the job, the answer to this question is no.

Under Americans with Disabilities Act regulations, employment decisions must be based on the employee’s current ability to perform the job and not on speculation about the progression of their medical condition. Federal courts have largely upheld this position, concluding that later evidence that an employee became unqualified after separation was not relevant to the question of discriminatory treatment at the time the adverse employment decision was made.

Conversely, employees cannot claim that the employer violated the ADA because their condition could improve at some point in the future. Again, the employment decision should be based on medical information disclosing the employee’s ability to perform essential job functions at that time. If the employee cannot perform those functions, the employer must consider accommodations such as leave that would allow them to return to work within a reasonable time period. Speculation about possible improved health at some undefined future date does not provide an adequate basis for a discrimination claim.

While employers can discuss future medical expectations with employees, decisions affecting their employment should be limited to the current diagnosis with the understanding that changes in that condition could require reexamination of the employee’s status and accommodations provided.

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