The EEOC has clearly stated that the ADA protects employees with mental disabilities and employers must accommodate them in the same way as workers with physical disabilities.
Although it is often obvious when a worker is physically disabled, it is more difficult to determine when an employee is mentally disabled. Obvious or not, though, if an employee has a “mental impairment” that “substantially limits a major life activity,” that worker is protected, and the employer is potentially liable for discrimination under the ADA.
Under EEOC rules, employers need to be alert to the possibility that traits regarded as undesirable—chronic lateness, poor judgment, hostility to co-workers or supervisors—“may be linked to mental impairments.” Although the traits themselves are not mental impairments, they may be related to mental impairments. The following disorders are considered mental or emotional impairments:
• Major depression ...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Employers aren't required to offer intermittent FMLA leave for birth, adoptions
- 10 steps to take when responding to an EEOC complaint
- Document solid business rationale for all salary increases and cuts
- Obama's agenda: 5 ideas to alter small biz