The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act in Disability Evaluations

AAPL Practice Resource for the Forensic Evaluation of Psychiatric Disability

“…The ADAAA explicitly rejected the judicial narrowing of ADA coverage, emphasized that the definition of disability should be construed in favor of broad coverage, and explicitly mentioned major psychiatric disorders as disabilities. The ADAAA and associated EEOC regulations additionally included less restrictive interpretations of the terms substantially limits and major life activities, which also had been narrowed by Supreme Court and lower court decisions (126).…”

“…The ADA and ADAAA do not supersede state or local laws that provide greater or equal protection for persons with disabilities, but do pre-empt laws that provide less protection (29,126). An employer cannot rely on a state or local law that conflicts with ADA requirements as a defense to a charge of discrimination.…”

“…If a dispute arises over these assessments, a court may ultimately resolve the conflict. Nevertheless, when providing an evaluation, psychiatrists should focus on the clinical aspects of an evaluee's limitations (126).…”

“…The determination of whether an impairment substantially limits a major life activity will be made without regard to the effectiveness of mitigating measures, such as medication. An employer cannot require an employee to use a mitigating measure, but failure to do so may render the employee unqualified for the position or may support the contention that the employee presents "a direct threat," each of which might disqualify the employee from the ADA's protection (126,132).…”

“…The mere perception by another employee or supervisor that an individual is dangerous is often insufficient to satisfy statutory requirements. Recent violent behavior or a plan to commit violence are examples of objective evidence of direct threat under the ADA (29,126).…”