EEOC RELEASES POLICY GUIDANCE CONCERNING THE APPLICATION OF THE ADA TO PERSONS WITH PSYCHIATRIC DISABILITIES

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) announced today the release of a policy guidance that answers various questions concerning the application of the employment provisions of the Americans with Disabilities Act (ADA) to persons with psychiatric disabilities. The enforcement guidance is entitled The Americans with Disabilities Act and Psychiatric Disabilities.

In releasing the document, EEOC Chairman Gilbert F. Casellas said, "The guidance answers the most commonly asked questions about how the ADA affects persons with psychiatric disabilities. It provides practical instruction to employers and persons with psychiatric disabilities on their respective rights and responsibilities."

The guidance addresses the issue of what constitutes a psychiatric disability that is protected by the ADA. It makes clear that a qualified individual with a psychiatric disability is covered by the ADA even if medication is taken to control the effects of the disability.

Other issues addressed in the guidance include:

• when an employer may ask applicants or employees about psychiatric disabilities or require medical examinations (including psychiatric examinations);
• what types of reasonable accommodations may be effective for persons with psychiatric disabilities; and
• when an employer may hold a person with a psychiatric disability to workplace conduct standards.

  The text of the policy guidance will be available on EEOC's web-site at www.eeoc.gov shortly after the release of the document. Also within a few days of the release date, hard copies of the publication may be obtained by calling the Commission's Publications Distribution Center at 1-800-669-3362 (TDD 1-800-800-3302), or writing to EEOC's Office of Communications and Legislative Affairs, 1801 L Street, N.W., Washington, D.C. 20507.

  In addition to enforcing Title I of the ADA, which prohibits discrimination against people with disabilities in the private sector and state and local governments, EEOC enforces Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex, or national origin; the Age Discrimination in Employment Act; the Equal Pay Act; prohibitions against discrimination affecting individuals with disabilities in the federal government; and sections of the Civil Rights Act of 1991.