AMERICANS WITH DISABILITIES ACT OF 1990
The Americans with Disabilities Act of 1990[1] (ADA) is the short title of United States (Pub.L. 101-336, 104 Stat. 327, enacted July 26, 1990), codified at 42 U.S.C. § 12101 et seq. It was signed into law on July 26, 1990, by President George H. W. Bush, and later amended with changes effective January 1, 2009.[2] The ADA is a wide-ranging civil rights law that prohibits, under certain circumstances, discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964[3], which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis. Certain specific conditions are excluded as disabilities, such as current substance abuse and visual impairment which is correctable by prescription lenses.
from the Wikipedia Encyclopedia
from the Wikipedia Encyclopedia
Although clinical depression is a mental impairment under the ADA, not everyone with clinical depression will qualify for coverage. In 1999, the Supreme Court ruled ( Sutton v. United Airlines, Inc., Murphy v. United Parcel Service, Inc. and Albertson's Inc. v. Kirkinburg) that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a "mitigating measure". This means that even though clinical depression is a permanent condition, if you are able through medications and therapy to perform major life activities without difficulty you will not meet the ADA's definition of "disability." Some feel that these decisions weakened the ADA as it applies to those with depression. Those diagnosed with depression will no longer automatically fall under the ADA's protection. This does not mean, however, that persons with depression are without recourse. Instead, it means that they must prove that they continue to experience limitations despite their medications and therapy. If your job performance is compromised by your illness despite the fact that you are in treatment, you would still be protected under the ADA.
Article by Nancy Schimelpfening,
About.com Guide
www.about.com
Article by Nancy Schimelpfening,
About.com Guide
www.about.com
Establishing the Need for Accommodations:
For an individual to be covered under the ADA, he or she must establish that the mental disorder causes substantial impairment in some major life activity. For example, some people may experience mild anxiety symptoms, becoming nervous or anxious when speaking in front of other people, but this may not cause impairment in their daily functioning. Other people may have severe anxiety symptoms that result in their inability to perform at work without special accommodations.
Other than work, major life activities can include sleeping, concentrating, interacting with others, learning, daily care, speaking and performing manual tasks. A person must be able to show their inability to complete one or more life tasks interferes with their ability to perform a job without accommodations. Normally, the condition or disorder must be present for several months before being considered a disability. If a disorder is considered to be chronic, it may also qualify as a disability.
It is important for medical professionals to be clear, not only in their diagnosis, but in explaining the impairment caused by the diagnosis. For example, instead of simply stating a diagnosis of “anxiety” the medical professional may need to explain what major functions are impaired due to the anxiety. The individual may experience intense symptoms of anxiety based on noise from other employees or from speaking in front of a group of co-workers. This information can assist employers in working with the employee to determine the level of assistance or modifications the employee may need to perform their work satisfactorily.
Exert from the article
'Americans with Disibility Act and your Anxiety
by Eileen Bailey
AnxietyConnection.com
www.anxietyconnection.com
For an individual to be covered under the ADA, he or she must establish that the mental disorder causes substantial impairment in some major life activity. For example, some people may experience mild anxiety symptoms, becoming nervous or anxious when speaking in front of other people, but this may not cause impairment in their daily functioning. Other people may have severe anxiety symptoms that result in their inability to perform at work without special accommodations.
Other than work, major life activities can include sleeping, concentrating, interacting with others, learning, daily care, speaking and performing manual tasks. A person must be able to show their inability to complete one or more life tasks interferes with their ability to perform a job without accommodations. Normally, the condition or disorder must be present for several months before being considered a disability. If a disorder is considered to be chronic, it may also qualify as a disability.
It is important for medical professionals to be clear, not only in their diagnosis, but in explaining the impairment caused by the diagnosis. For example, instead of simply stating a diagnosis of “anxiety” the medical professional may need to explain what major functions are impaired due to the anxiety. The individual may experience intense symptoms of anxiety based on noise from other employees or from speaking in front of a group of co-workers. This information can assist employers in working with the employee to determine the level of assistance or modifications the employee may need to perform their work satisfactorily.
Exert from the article
'Americans with Disibility Act and your Anxiety
by Eileen Bailey
AnxietyConnection.com
www.anxietyconnection.com
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