is seen in its transformation of buildings, roads, side-
walks, buses, and restrooms into places where people
with disabilities may function with fewer barriers.
However, the advocates of disabled people who
framed the ADA were more ambitious. The law intends
to prevent individuals with disabilities from being dis-
criminated against in hiring, training, compensation,
and benefits. Under the ADA, it is illegal to classify an
employee on the basis of disability or to participate in
contracts that have the effect of discriminating against
people with disabilities. The use of tests or other quali-
fication standards that are not job related but result in
screening out individuals with disabilities is also
banned. Like the Civil Rights Act of 1964, the ADA pro-
tects workers who file complaints with the EEOC or
other agencies from retaliation by their employers.
Under the ADA, employers are required to provide “rea-
sonable accommodation” for workers with disabilities
who could qualify for jobs with appropriate assistance.Mental Disabilities in the ADA
Forensic psychologists working in cases involving the
ADA must have an understanding of the specific def-
initions that shape how the act is used. An important
definition in the act is the definition of disability:
(1) a physical or mental impairment that substantially
limits one or more of the major life activities of an
individual, (2) a record of such an impairment, or
(3) being regarded as having such an impairment.
A qualified individual with a disabilityis a person
with a disability who has the basic qualifications for
the job, including the skills, experience, education,
and other job-related requirements required for the
position the person either currently holds or wishes to
obtain. In the context of the ADA, a qualified individ-
ual with a disability, with or without reasonable
accommodation, can perform the essential functions
of that job.
An impairment becomes a disability when it
adversely affects one or more major life activities. One
first considers the impact of the disability on non-work-
related activities, which include self-care, sleeping,
reading, and concentrating. If none of those basic
human activities are affected, the inquiry shifts to work-
related activities. The impairment must be considered
severeenough to “substantially limit a major life activ-
ity.” How much restriction on essential life activity is
caused by the disability is one metric, but the act alsoallows for consideration of the duration of the disability.
Temporary disability is not considered, and chronic and
recurring conditions must be considered substantially
limiting while they are active.
Mental impairmentrefers to “any mental or psycho-
logical disorder, such as...emotional or mental illness.”
The ADA provides examples of mental or emotional ill-
nesses, such as major depression, bipolar disorder, anxi-
ety disorders, and schizophrenia. Although not listed in
the ADA itself, EEOC regulations also include personal-
ity disorders as potentially disabling conditions and point
to the Diagnostic and Statistical Manual of Mental Dis-
orders (currently the DSM-IV-TR) as the appropriate ref-
erence for determining the symptoms associated with
mental disorders. The ADA specifically excludes
conditions related to sexuality, such as homosexuality,
bestiality, transvestism, transexualism, pedophilia, exhi-
bitionism, voyeurism, or gender identity disorders not
related to physical impairments. In addition, the act
excludes other behaviors of which Congress did not
approve, including compulsive gambling, kleptomania,
pyromania, and psychoactive substance abuse disorder
resulting from the illegal use of drugs.
In general, the disabled worker must conduct him-
self or herself in the workplace just like other workers,
unless the disability is causing conduct problems on the
job. In those situations, the employer must provide rea-
sonable accommodationsthat would allow the worker
to meet conduct requirements. If a worker’s behavior
constitutes “a significant risk of substantial harm to the
health and safety of the individual or others that cannot
be eliminated or reduced by reasonable accommoda-
tion,” it may be considered a direct threat.The ADA
allows workers who pose a direct threat to be fired or
removed from the affected position.
The ADA treats the abuse of illegal substances dif-
ferently than the abuse of legal ones. Current illegal
drug use, including abuse of prescription drugs, is not
protected by the ADA. Rehabilitated illegal drug users
are protected, and the existence of a history of illegal
drug use may not be a basis for discharge or disci-
pline, although a relapse may legitimately trigger dis-
charge. Workers who have addictions to legal drugs,
such as alcohol, must experience a substantial limita-
tion in a major life activity to be covered by the ADA.
Alcohol-dependent workers with excessive absen-
teeism who report to work drunk or who endanger
other workers because of their dependence are subject
to the same discipline as other workers.24 ———Americans with Disabilities Act (ADA)A-Cutler (Encyc)-45463.qxd 11/18/2007 12:41 PM Page 24