The National Institute of Mental Health estimates that one in five people will experience a psychiatric disability during their lifetime. With the prevalence of mental impairments, employers are often confronted with the complex issue of managing employees with psychiatric disabilities. Employees suffering from a qualifying psychiatric disability, such as bipolar disorder, schizophrenia, depression or anxiety, are protected from workplace discrimination by Title I of the Americans with Disabilities Act. Employers must be cautious not to run afoul of the ADA’s anti-discrimination provisions once they become aware of an employee’s psychiatric disability.
As with physical disabilities, the ADA prevents discrimination against individuals with psychiatric disabilities in all aspects of employment, and prohibits an employer from treating a qualified individual with a disability unfavorably because of his or her disability or history of disability. Additionally, employers have a duty to provide reasonable accommodations to qualified employees with disabilities.
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