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The Americans with Disabilities Act (ADA) of 1990 is predicated upon the notion that people with disabilities are integral components of mainstream United States, and consequently have a right to participate in all the services, and to take advantages of the benefits and employment opportunities that make up the fabric of American Society.

CIVIL RIGHTS FOR AMERICANS WITH DISABILITIES

• The Americans with Disabilities Act broadly states that it is illegal to discriminate against the disabled.

 

PROTECTED UNDER ADA

• History of mental illnessPerceived to be mentally ill
• Presently meet criterion for Psychiatric Disability

EVALUATION OF MENTAL DISABILITY

• Establish DSM IV Diagnosis
• Determine Impairment of Major Life Activities
• Determine Duration of Mental Impairment

 

3D's - ALL 3 MUST BE PRESENT FOR DISABILITY

1. Diagnosis (DSM IV)
2. Determine impairment
3. Duration of impairment

EVALUATION OF MENTAL DISABILITY: 1-DIAGNOSE

There must be an established DSM IV Diagnosis but the following exception is mental illness due to current drug use. The ADA says no to the following diagnoses, meaning they are not entitled even though admittedly these might be problems.

1. SEX
   1. Transexualism
   2. Transvestism
   3. Exhibitionism
   4. Voyeurism
   5. Gender Identity Disorders
   6. Pedophilia
   7. Homosexuality
   8. Bisexuality
2. DRUGS
   1. No protection for active users
   2. However protection for those in treatment
3. VIOLENCE
   1. Pyromania
   2. Kleptomania
4. COMPULSIVE GAMBLING

 

DISABILITY ASSESSMENT

Determine impairment of Major Life Activities:

• Thinking
• Working
  • Occupational Impairment
• Interacting with others
  • Social Impairment
• Sleeping
• Eating

 

DURATION OF MENTAL IMPAIRMENT

• More than several months in duration (> 3 months)
• Short term illnesses not considered for protection under ADA

 

MENTALLY DISABLED UNDER ADA

• DSM IV DIAGNOSIS
  • BUT mental illness due to current drug use not considered
• Impairment of one or more major life activities
  • Thinking
  • Working
  • Interacting with others
  • Sleeping
  • Eating
• Significant duration of mental illness
  • Must be greater than 3 months

 

CONFIDENTIALITY

Separate file regarding disabilityInterview questions must be limited to whether an individual can do the job

Only individuals who are necessary to the accommodation  should be informed of disability

 

ACCOMMODATION

Accommodation under the ADA is defined as “modification or adjustment” of the way things are customarily done leading to

• Equal opportunity
• Access
• and/or Participation

 

WORKPLACE ACCOMMODATION

• Flexible Scheduling
• Changes in Physical Environment
• Job Restructuring/Job Training
• Improved Communication and Support

 

EXCEPTIONS TO ACCOMMODATIONS

UNDUE HARDSHIP

An action requiring significant difficulty or expense

DIRECT THREAT

Significant risk to the health and safety of others that cannot be eliminated by reasonable accommodation

• Imminence of potential harm
• Severity of potential harm
• Likelihood of potential harm
• Duration of risk of harm