ADAAA &

MENTAL DISABILITIES

OVERVIEW

EASIER TO ESTABLISH DISABILITY

DEFINITION OF DISABILITY

CONSTRUED BROADLY

ADOPT “RULES OF CONSTRUCTION”

9 RULES

1. “SUBSTANTIALLY LIMITS” REQUIRES A LOWER

DEGREE OF FUNCTIONAL LIMITATION

2. “SUBSTANTIALLY LIMITS” IS TO BE CONSTRUED

BROADLY

3. INDIVIDUALIZED ASSESSMENT

4. MITIGATING MEASURES NOT CONSIDERED

5. DETERMINATION OF DISABILITY DOES NOT

REQUIRE EXTENSIVE ANALYSIS

6. AN IMPAIRMENT THAT IS EPISODIC OR IN

REMISSION IS A DISABILITY

7. EASIER TO ESTABLISH COVERAGE UNDER

“REGARDED AS” PRONG

8. INDIVIDUALS MUST BE COVERED UNDER FIRST

PRONG (ACTUAL DISABILITY) OR SECOND PRONG

(RECORD OF DISABILITY) TO QUALIFY FOR

REASONABLE ACCOMMODATION

9. Modifies or Removes confusing language

Retains : “working”

“condition, manner, or duration”

“class or broad range of jobs”

MENTAL DISABILITIES

DISABILITIES STIGMATIZED OR MISUNDERSTOOD

MENTAL IMPAIRMENTS INCLUDE PSYCHOLOGICAL

DISORDERS

TRAITS OR BEHAVIORS ARE NOT NECESSARILY LINKED TO

MENTAL IMPAIRMENTS.

SEVERITY AND/OR LENGTH OF TIME

CARING FOR SELF, CHRONIC EPISODIC CONDITIONS,

ABILITY TO INTERACT WITH OTHERS, CONCENTRATION,

SLEEP

INQU IR IES ABOUT PSYCH IATR IC D IS AB IL IT IES

Applicant or employee asks or voluntarily discloses

Employer reasonably believes

(job related and consistent with

business necessity)

Case by case consideration

ACCOMMODATIONS

Physical changes

Modify workplace policies

Adjust supervisory methods

Provide a job coach

do not have to assure an individual TAKES

prescribed medication

Reassignment to a different position

CONDUCT

Employer may discipline an individual with a

disability for violating a workplace conduct

standard if misconduct resulted from a disability.

the workplace standard MUST BE job related for

the position and consistent with business necessity.

The employer must make reasonable

accommodation for a qualified individual with

a disability who violated a conduct rule (that

is job related and consistent with business

necessity.)

The accommodation will allow the individual

to meet such conduct standard in the future

barring undue hardship.

However, employer is not required to excuse

past misconduct.

DIRECT THREAT

A significant risk of substantial harm to the

health or safety of the individual or others

that cannot be eliminated or reduced by

reasonable accommodation.

CASE STUDY

One of your employees has been a bit down lately. She’s been late the

past few mornings, and you can see her work has been suffering.

When you call her in your office to see how she’s doing, you find out

her husband was laid off from his job last month. She reveals that

she’s been on anti-depression medication since her mom died last

year, but her condition is getting worse.

As her employer, what do you do? Do you reprimand her for her

tardiness and inconsistent work? Or do you overlook those issues

because of her medical condition?

How is she protected by the ADA?

RESOURCE

EEOC ENFORCEMENT GUIDANCE

ON THE AMERICANS WITH

DISABILITIES ACT AND

PSYCHIATRIC DISABILITIES

Job accommodation network