EEOC guidance on psychiatric disabilities: many problems, few workable solutions.

Area of Science:

• Employment Law
• Disability Rights
• Mental Health Policy

Background:

• The Equal Employment Opportunity Commission (EEOC) issued new "Enforcement Guidance" concerning psychiatric disabilities under the Americans with Disabilities Act (ADA).
• This guidance aims to clarify issues related to mental disabilities in the workplace.
• However, the guidance introduces several problematic interpretations and potential conflicts with the ADA.

Purpose of the Study:

• To critically analyze the EEOC's recent "Enforcement Guidance" on psychiatric disabilities and the ADA.
• To identify problematic aspects of the guidance that may exceed or conflict with the ADA.
• To assess the practical workability of the guidance for employers.

Main Methods:

• Review and analysis of the EEOC's "Enforcement Guidance" document.
• Comparison of the guidance's provisions with the existing text and established interpretations of the Americans with Disabilities Act.
• Identification of specific examples where the guidance suggests unworkable or conflicting employer obligations.

Main Results:

• The guidance suggests that interpersonal difficulties (e.g., with supervisors or coworkers) may qualify as a disability under the ADA.
• It implies employers might need to accommodate employee misconduct and cannot mandate adherence to doctor's orders.
• The guidance proposes modifications to work rules for mentally disabled employees, potentially without explanation to other staff, and may conflict with or exceed ADA provisions, proving largely unworkable.

Conclusions:

• The EEOC's "Enforcement Guidance" on psychiatric disabilities presents significant challenges and potential conflicts with the ADA.
• Many aspects of the guidance appear unworkable in practice for employers.
• The extent to which courts will uphold this guidance remains uncertain due to its problematic nature.