Who Is Mentally Disabled?
The ADA does not define mental disability. EEOC regulations describe mental impairments as any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and learning disabilities. However, such conditions must be severe enough to substantially impair one or more of an individual’s major life activities to constitute a disability. How the Courts View Mental Illness Mental illness and emotional disorders have been dealt with inconsistently by the courts. Some courts have ruled that employees with established diagnoses of recognized psychiatric conditions major depressive and anxiety disorders, bipolar disorder, schizophrenia, etc. should be given the benefit of the doubt. These courts leave it to a jury to decide whether a condition is severe enough to be a disability. Other courts (the majority) require employees to demonstrate that their conditions are: 1. chronic 2. keep them from functioning fully This split in judicial thinkin
