EEOC Issues Guidance on Mental Disabilities and the Americans With Disabilities Act

The Equal Employment Opportunity Commission reports that in the last four years, almost 13% of the EEOC charges filed under the ADA were based on emotional or psychiatric impairment. Recognizing the need to combat the "myths, fears, and stereotypes" that individuals with mental or psychiatric disabilities face in the workplace, the EEOC recently issued new guidelines for employers for use in their efforts to accommodate these workers under the ADA.

The ADA defines a "disability" as "a physical or mental impairment that substantially limits one or more of the major life activities of [an] individual." Federal regulations have expanded this definition to include "any mental or psychological disorder," such as major depression, bipolar disorder, anxiety disorders, schizophrenia, and personality disorders, as well as mental retardation, organic brain syndrome, and learning disabilities. According to the guidelines, qualified individuals with psychiatric disabilities are covered by the ADA, even if they are on medication to control the disability.