DISABILITY DISCRIMINATION CAUSED BY MENTAL DISORDERS IN THE WORKPLACE

In March 2012 a federal district court held an employer liable fordisability discrimination after it terminated an employee shortly after he had requested a leave of absence to adjust to new medication for bipolar disorder. The court awarded $315,000 to the employee. This case serves as a reminder that the Americans with Disabilities Act (ADA)applies to both mental and physical disabilities.

Under the ADA, an individual has a disability if he/she has a physical or mental impairment that substantially limits one or more of the major life activities of such individual. A “mental impairment” is defined as “[a]ny mental or psychological disorder, such as . . . emotional or mental illness.” Examples of “emotional or mental illness” include major depression, bipolar disorder, anxiety disorders (which include panic disorders, obsessive compulsive disorders and post-traumatic stress disorders), schizophrenia and personality disorders.

Similar to employees with physical disabilities, employees with mental impairments are entitled to a reasonable accommodation, which may include changes to workplace policies, procedures or practices; leaves of absence; or physical changes to the workplace. In addition, a supervisor may be required to adjust the way he/she interacts with an employee as a reasonable accommodation. Determining whether an accommodation is reasonable is fact specific. Therefore, it is critical that an employer engage in an interactive process to determine if a reasonable accommodation exists.

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