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

INQUIRIES ABOUT PSYCHIATRIC DISABILITIES  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