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Hollow Promises : Employment Discrimination Against People with Mental Disabilities - Susan Stefan

Hollow Promises

Employment Discrimination Against People with Mental Disabilities

Hardcover

Published: 1st December 2001
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Although passed into law with high expectations, the Americans with Disabilities Act (ADA) has mostly failed in enabling those with mental disabilities to fight discrimination in the workplace. Susan Stefan explores the reasons for this failure and points to how the courts, government and employers may finally make good the ADA's seemingly hollow promises. She identifies the difficulties that people with mental disabilities may have in finding and keeping employment and how the ADA has affected this problem. Those with mental illnesses, like most people, want to work to support themselves and find respect and personal fulfilment. But because of deep-rooted prejudices against those with disabilities, obtaining and holding a job can be an epic task. Featuring detailed descriptions of employment cases and sharp analysis of the law, this work should be useful to lawyers, employees, employers, therapists, people with mental disabilities, and all those seeking just employment practice.

Acknowledgmentsp. xi
Introductionp. xiii
The Work Experience of People With Psychiatric Disabilitiesp. 3
Disability Discrimination Law and Discrimination Against People With Psychiatric Disabilitiesp. 23
A Basic Primer in Disability Discrimination Law
Before You File a Lawsuit
Statutes of Limitation
Recent and Upcoming Supreme Court Decisions and Their Impact on the ADA
Other Federal Laws Regulating Employment
Unions, Collective Bargaining, and the ADA
Conclusion
The Americans With Disabilities Act and the Definition of Mental Impairmentsp. 45
The Meaning of Mental Disability Under the ADA
ADA Case Law and Mental Impairment
Conclusion
The Substantial Limitations of the Substantial Limitations Requirement of the Americans With Disabilities Actp. 71
Substantial Limitation in Major Life Activities
Conclusion
"Record of Disability" and "Regarded as Having a Disability"p. 89
Record of Disability
Regarding an Individual as Having a Disability
Conclusion
Abusive Work Environments, Stressful Working Conditions, and Discriminationp. 103
Defining Disability to Exclude Workers With Psychiatric Disabilities
Psychiatric Disability and the Requirement That Employees Be "Qualified Individuals"
Using the ADA to Attack Objectively Abusive or Unreasonably Stressful Workplace Environments
Conclusion
What Is Discrimination?p. 143
Adverse Employment Action
Blanket Exclusions on the Basis of Disability
Pre-Employment Inquiry or Testing for Mental Disabilities
Postoffer Psychological Testing
Requiring Employees to Undergo Psychiatric Examinations
Employers' Requirement That Employees Returning From Leave of Absence for Medical Reasons Submit Medical Certification of Fitness
Medical Examinations for Rehired Employees
Breach of Confidentiality as a Violation of the ADA
"Misconduct" and Disability Discrimination
Associational Discrimination
Retaliation for Protected Activity
Characteristics of Successful Employment Discrimination Cases
Discrepancies Between Deposition Testimony and Affidavits
Conclusion
Reasonable Accommodations for Employees With Psychiatric Disabilitiesp. 167
What Makes a Qualified Employee?
"Otherwise Qualified": The Disability Benefits Dilemma
Reasonable Accommodations
Can Individuals Be Required to Take Medication or Accept Treatment as a Reasonable Accommodation?
Conclusion
Conclusionp. 195
Surveyp. 199
A Sample of Disability Discrimination Cases Involving Mental Disabilitiesp. 203
Contacting the EEOCp. 225
Table of Authoritiesp. 229
Indexp. 249
About the Authorp. 261
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781557987921
ISBN-10: 1557987920
Series: Law & Public Policy: Psychology & the Social Sciences
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 256
Published: 1st December 2001
Publisher: American Psychological Association
Country of Publication: US
Dimensions (cm): 25.4 x 17.8  x 1.91
Weight (kg): 0.79