Understanding disability discrimination and reasonable accommodation is a challenge for employers, and particularly for the in-house counsel and HR professionals who must manage disability issues in the workplace. As you probably already know, any employer with
15 or more employees for at least twenty weeks a year is subject to the
Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination against employees or job applicants with disabilities. There are comparable
state laws with similar (and sometimes broader) prohibitions. An individual with a disability is a person who has, has had, or is regarded as having a physical or mental impairment that substantially limits major life activities.
It can be particularly hard for employers to manage their responsibilities to applicants and employees with mental health disabilities. Conditions considered to be protected disabilities under the law include depression, post-traumatic stress disorder, bipolar disorder, anxiety disorders, schizophrenia, and
many others. Here are some practical pointers, based on the EEOC’s
recent publication explaining the legal rights of those with mental health conditions.