What is the Americans With Disabilities Act (ADA)?
The Americans with Disabilities Act (ADA) is a federal law that gives civil rights protections to individuals with disabilities. Most notably, the ADA prohibits both private and public employers from discriminating against a person with a disability in any aspect of employment, including (but not limited to): - Applications
- Interviews
- Testing
- Hiring
- Job assignments
- Evaluations
- Firing and Promotions
The ADA also prohibits employers from discriminating against someone because that person is related to or associated with someone with a disability.
Are Psychiatric Patients Protected under the ADA?
Psychiatric disabilities are covered by the ADA and are the second most frequent disability cited by individuals who file ADA employment discrimination charges.
What Kind of Employment Discrimination Do Individuals with Psychiatric Disabilities Complain of?
Employees with psychiatric disabilities complain of many forms of employment discrimination, including but not limited to:- Illegal termination
- Workplace harassment
- Unfair disciplinary action
- Failure on the part of the employer to make reasonable accommodations
What Kind of Psychiatric Disabilities Does the ADA Cover?
Psychiatric disabilities are classified into 1 of 5 possible categories in an employment discrimination investigation:- Anxiety disorder
- Depression
- Manic depressive order
- Schizophrenia
- Other emotional/psychiatric impairments
Do I Need a Lawyer for my Employment Discrimination Case?
Pursing an employment discrimination claim against an employer is complicated. A lawyer will help you with the filing deadlines specific to your claim. Also, because the EEOC investigators will not get to your claim immediately, a lawyer can help you investigate and pursue any additional remedies. It is also a good idea to see a lawyer before signing a waiver or other severance package. If you are an employer being sued for employment discrimination, you should speak to a lawyer immediately. |
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