Americans with Disabilities Act (ADA)

The Americans with Disabilities Act of 1990 (ADA) is a significant piece of civil rights legislation that prohibits discrimination against people with disabilities in employment, state and local government activities, public accommodations, public transportation and public services. The ADA protects people with mental illness (psychiatric disabilities) if they meet certain guidelines.

Under the ADA, a disability is defined as (1)" a physical or mental impairment that substantially limits one or more major life activities of an individual; (2) a record of having such an impairment or (3) being regarded as having such an impairment. Life activities under the ADA include walking, working, seeing, hearing, speaking, learning, concentrating, thinking, sleeping, performing manual tasks, interacting with others, caring for oneself, or breathing.

The ADA is important to consumers because it can protect them against discrimination in the workplace. Because of stigma and ignorance, many people believe that people with mental illness are not competent enough to go to work. Unfortunately, employers may also believe these myths. This type of discrimination can prevent people with mental illness from getting and keeping good jobs.

Under the ADA, employers may not discriminate against a person with a disability in hiring or promotion if the person is otherwise qualified to do the job. Employers can ask about a person’s ability to perform a job, but cannot ask if someone has a disability or subject a person to tests that might screen out people with disabilities. This means that a person’s mental illness should not be a factor in getting a job.

Under the ADA, Employers need to provide "reasonable accommodations" to people with disabilities. A job accommodation is an adjustment or change that is made to a job or to the workplace that helps an employee successfully perform the job’s basic duties. A reasonable accommodation does not change essential job functions. Examples of accommodations for people with mental illness may include:

• Unpaid leave of absence (i.e. for counseling, hospitalizations, managing symptoms)
• Policy changes such as letting someone on medication take more frequent breaks than are usually allowed, to drink water or use the bathroom
• Bringing a job coach to work to help learn the job.
• Changing the work schedule of a person whose medications make him groggy in the morning.

These are only a few examples of the types of accommodations that might help a person with mental illness succeed on the job. Other kinds of accommodations may include job restructuring, adapting schedules or modifying equipment if the accommodation doesn’t place "undue hardship" on the employer. Employers who have more than 15 employees are required to comply. This is important to consumers because an accommodation can help to make the job experience successful.

There are numerous resources available on the ADA, so we won’t go into explicit detail. To learn more about the ADA,

Call the ADA information line:

800-514-0301 (voice)

800-514-0383 (TDD)

http://www.ada-infonet.org – ADA Information Center

http://janweb.icdi.wvu.edu/ - Job Accommodation Network – a comprehensive site that has a wealth of information on the ADA. You can also ask questions directly (via e-mail) about ADA related issues.

http://www.usdoj.gov/crt/ada/adahom1.htm The U>S> Department of Justice Americans with Disabilities Act Homepage.

http://www.bazelon.org – Judge David L. Bazelon Center for Mental Health Law

If you believe you have been discriminated against because of your mental illness (psychiatric disability), there may be legal remedies to help you.

The information and content provided on the CHN site are offered for informational purposes only and should not be treated as medical, psychiatric, psychological or behavioral health care advice. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical or behavioral health condition.