The Americans with Disabilities Act (ADA) was passed in 1990 in an effort to provide broad protection to disabled Americans. When the ADA was passed, two-thirds of Americans with disabilities were not working, and Title I—which covers discrimination against disabled employees in the workplace—was included to address this issue. While the statutory language of the ADA seemed clear, many federal courts and eventually the U.S. Supreme Court interpreted the ADA so narrowly that a large number of severely impaired individuals were unable to meet the statutory definition of “disabled.” In response, Congress passed the Americans with Disabilities Act Amendments Act (ADAAA) in 2008 which amended the ADA and broadened the definition of disabled to expand the class of individuals protected by the ADA.

The ADA and the ADAAA apply to employees with both physical and mental disabilities. However, there are unique hurdles and stereotypes faced by the mentally ill in the workplace. The ADAAA has made it significantly easier for employees who are suffering from mental illness to meet the statutory definition of disabled under the ADA. However, this does not necessarily mean that mentally ill employees will ultimately prevail under the ADAAA. Some recent federal court decisions have interpreted the ADA in a manner that limits the rights of mentally ill employees who have met the statutory definition of disabled under the ADAAA. It is unclear how employees who suffer from mental illness will fare in the future under the ADA.

Narrow Interpretation

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