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| Governmental Regulations |
| The ADA and Psychiatric Disabilities: An Employer's Responsibilities. |
- If a worker claims that his chronic tardiness is caused by depression and antidepressant medication, is he entitled to protection under the ADA?
- If you fire an employee who suffers from schizophrenia after that employee threatens to kill a supervisor, can your business be sued for discrimination?
These are some of the ponderous questions posed to business owners who employ workers with psychiatric disabilities. As an employer, your responsibility to be familiar with provisions of the Americans with Disabilities Act (ADA) can be a cumbersome burden. Fortunately, it is one we are prepared to assist you with.
Historically, the courts have required workers who file a claim of discrimination to establish two things:
- That they are persistently unable to perform at least one major life activity (sleeping, concentrating, interacting with others, or performing manual tasks, for example.
- That they are “otherwise qualified” for the job
Here are just a few aspects of the law you need to be familiar with.
- An employer may not ask a job applicant whether he or she has a disability or needs a reasonable accommodation
- An employee may use “plain English” to request an accommodation. He or she need not use the specific terms outlined under the ADA.
- Potential accommodations include modifications to work schedules, physical changes to the workplace or reassignment to a different position.
- In the event of employee misconduct that has no relation to the disabled person’s ability to perform his or her job, the employee cannot be disciplined.
Contact our office for publications and additional information relating to the ADA.
(Source: The Bazelon Center for Mental Health Law, 1101 15th Street NW, Suite 1212 Washington, DC 20005-5002).
Mental Disability: What you don’t have to accommodate
Insubordination: “Insubordination, regardless of its cause, disqualifies a claim for special protection.”
Threats of violence: Certain behaviors are unacceptable regardless of their cause. Threatening to kill another employee is one example.
Some specific disorders: Pyromania, kleptomania and certain sexual disorders are explicitly exempted from protection
(Source: Herbert, Wray. “Troubled at Work” U.S. News & World Report).
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