Since the EEOC declared that “the ability to interact with others” is an essential life function, some employees and their attorneys have argued that a long list of psychiatric and psychological disorders are covered ADA disabilities. If the diagnostic criteria for a condition includes difficulty getting along with others, then being diagnosed with the condition is proof enough of disability, goes the argument. Now a federal appeals court has essentially agreed with that position, at least when it comes to one diagnosis.
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Some employers provide rental housing so employees can live near their work sites. If you do, be aware that employee injuries that happen near that housing can open a legal can of worms that will leave you wishing you only had to deal with a workers’ compensation claim.
As this case shows, running new background checks on your current staff is not, by itself, a discriminatory act. Just make sure you set clear standards on how you will react to the results.