Keeping the promise: The ADA and employment discrimination on the basis of psychiatric disability

Journal/Book: Calif Law Rev. 1997; 85: Journals Dept, 2120 Berkeley Way, Berkeley, CA 94720. Univ Calif Press. 701-747.

Abstract: The Americans with Disabilities Act (ADA) and its predecessor, the Rehabilitation Act of 1973, have done a great deal to address the problem of discrimination against individuals with physical disabilities. The ADA has not been as successful, however, in curtailing discrimination based on psychiatric disabilities. In interpreting the ADA in the context of psychiatric disabilities, courts have often turned for guidance to precedents established under the Rehabilitation Act. This Comment argues that much Rehabilitation Act precedent is simply inappropriate for interpreting the ADA, for two reasons. First, the ADA differs from the Rehabilitation Act in ways that should offer greater protection to persons with psychiatric disabilities. Second, many Rehabilitation Act precedents are infused with the very stereotypes and prejudices against individuals with psychiatric disabilities that the ADA ought to avoid. Concentrating on the ADA's employment discrimination provisions, the author examines several of the central questions courts face in cases involving psychiatric disabilities. She suggests ways in which courts interpreting the ADA ought to address these questions, casting aside when necessary the outdated guidance offered by Rehabilitation Act cases.

Note: Article

Keyword(s): ACCOMMODATION; PERCEPTIONS; COMMITMENT; PREFERENCE; AMERICANS; DISORDER; ACT

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