Employers faced with employees who exhibit conduct that may be due to a mental disability often have difficulty assessing their obligations under the Americans with Disabilities Act, such as whether the employee is disabled, whether the employee can perform the essential functions of his or her job and whether an accommodation is necessary and/or reasonable.
Compounding the difficulties presented, these determinations must be made on a case-by-case basis and are necessarily fact intensive. Courts often reach conflicting decisions on seemingly similar facts.
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