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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.
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.