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Mental disabilities under the ADA: a management rights approach
J J McDonald1, F B Kulick, M K Creighton
1Fisher & Phillips, Newport Beach, CA, USA.
Employee Relations Law Journal
|April 1, 1995
Summary
This article clarifies employer rights concerning mental disabilities under the Americans with Disabilities Act (ADA). It details applicant screening, fitness for duty exams, and reasonable accommodation limits for employers.
Area of Science:
- Employment Law
- Disability Rights
- Mental Health in the Workplace
Background:
- Extensive focus exists on employee rights and employer obligations under the Americans with Disabilities Act (ADA).
- Limited attention has been given to the specific rights employers possess regarding employees with mental disabilities under the ADA.
Purpose of the Study:
- To delineate employer rights concerning mental disabilities under the ADA.
- To provide clarity on the ADA's application to mental health in employment contexts.
Main Methods:
- Analysis of the Americans with Disabilities Act (ADA) provisions related to mental disabilities.
- Examination of legal precedents and guidelines concerning employer rights in hiring and employee management.
Main Results:
- The ADA defines "mental disability" and outlines employer rights in applicant screening.
- Employers have the right to require "fitness for duty" examinations under specific conditions.
- The scope of the employer's duty to "reasonably accommodate" employees with mental disabilities is defined.
Conclusions:
- Employers have defined rights and responsibilities under the ADA when managing employees with mental disabilities.
- Understanding these rights is crucial for compliance and effective workplace management.
- This article provides a framework for employers navigating ADA regulations for mental health accommodations.