Employing and accommodating workers with psychiatric disabilities
An employer does not discriminate by denying a job to a person who is not qualified to perform it.
Inquiries and Exams The ADA protects disabled individuals during the hiring process, by prohibiting employers from inquiring about disabilities or subjecting prospective employees to medical tests before hiring them.
Get a Free Initial Claim Review A number of questions can arise in any ADA case, and many can be difficult to answer.
For example, which accommodations are reasonable, and which would create an undue hardship?
In making a "reasonableness" determination, courts do look at the essential functions of the job in questions.
The ADA also forbids employers from offering different compensation (e.g.The ADA defines a mental impairment as "any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.” Mental and emotional processes such as thinking, concentrating, and interacting with others are also covered under the Equal Employment Opportunity Commission (EEOC).The ADA applies to private employers with 15 or more employees, state and local governments, labor organizations, employment agencies, and management committees.By requiring employers to make reasonable accommodations, the ADA has had a positive effect on the placement of disabled individuals in the workforce, and has raised the consciousness of U. employers while reducing discrimination against the disabled.The language of the ADA, however, is not precise as to the "accommodations" that an employer is required to make for disabled persons during hiring and employment.