Encyclopedia of Psychology and Law

should prepare a report consistent with professional

standards and be prepared to be questioned in deposi-

tion or in open court.

DDiissppaarraattee TTrreeaattmmeenntt aanndd

DDiissppaarraattee IImmppaacctt EEvvaalluuaattiioonnss

If a worker is disabled according to the ADA and has

not been hired, has been denied promotion, or has been

fired, and nondisabled workers who are similarly situ-

ated have been treated more favorably, the disabled

worker may have a claim for disparate treatment.If the

disabled worker has experienced an adverse job action

that is not a result of the employer’s overt discrimina-

tion but is a result of a policy that was designed to be

neutral toward people with disabilities, the worker may

have a claim for disparate impact.

Psychological evaluation in these cases focuses on

the impact of the nonhire, firing, or nonpromotion.

Emotional damages may flow from these adverse job

actions, and the impact of changes in income and lost

future job opportunities may be considered. Psycho-

logical evaluations in these cases may more closely

resemble evaluations in personal injury or workers’

compensation cases, as reasonable accommodation is not

an issue. Interviews with family members and friends

may assist in determining if the worker has suffered

emotional harm because of the employer’s actions.

RReepprriissaall ffoorr PPrrootteecctteedd CCoonndduucctt

If a worker files a complaint with the EEOC or

other similar agency and is subsequently the recipient

of adverse treatment or discharge from his or her

employer, that employee may file a claim for reprisal.

Psychological evaluation of these cases may follow

the parameters of evaluations in disparate treatment

and impact cases.

DDiissaabbiilliittyy HHaarraassssmmeenntt aanndd

HHoossttiillee WWoorrkk EEnnvviirroonnmmeenntt

In some situations, disabled individuals experience

harassment or hostile work environments because of

their disability status. In these situations, the plaintiff

must show that he or she is disabled and that because of

the disability, he or she was subjected to physical or

verbal conduct so offensive that a reasonable person

would consider the work situation to be a hostile work

environment. Also, the plaintiff must show that the

employer failed to take prompt remedial action to stop

the harassment. Evaluations for hostile work environ-

ment would follow the same pattern as outlined above.

William E. Foote

See also Disparate Treatment and Disparate Impact

Evaluations; Forensic Assessment; Return-to-Work

Evaluations

Further Readings

Foote, W. E. (2000). A model for psychological consultation

in cases involving the Americans with Disabilities Act.

Professional Psychology: Research and Practice,

31 (2), 190–196.

Foote, W. E. (2003). Forensic evaluation in Americans with

Disabilities Act cases. In A. D. Goldstein & I. B. Weiner

(Eds.),Comprehensive handbook of forensic psychology:

Vol. 11. Forensic psychology. New York: Wiley.

U.S. Equal Employment Opportunity Commission. (2000).

Questions and answers on amending the interpretive

guidance on Title I of the Americans with Disabilities Act.

Retrieved June 4, 2007, from http://www.eeoc.gov/

policy/regs/1630-mitigating-qanda.html

AMICUSCURIAEBRIEFS

Amicus curiaeliterally means “friend of the court,” and

the author of an amicus curiae brief is an entity who

wishes to provide legal, scientific, or technical informa-

tion to a court to aid its decision. An amicus is not a

party to the case entitled to be heard as a matter of right

but an individual or an organization granted discre-

tionary leave to file a written brief to provide insight

into an issue that the parties to the case may not be able

to have because of lack of time, space, or expertise.

Amicus curiae briefs have influenced the outcomes of

many landmark legal cases. The American Psychologi-

cal Association (APA) regularly seeks leave to file ami-

cus briefs, as do a host of other individuals and

organizations.

Overview

The U.S. adversarial legal system looks to the parties

to present the information necessary for the judge

or jury to decide the questions presented by a case.

The amicus curiae brief is a vehicle for people or

26 ———Amicus Curiae Briefs

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