It’s an HR question the courts have been wrestling with lately: When do psychological disorders qualify employees for protection under the Americans with Disabilities Act?
In one recent case, an employee with bipolar disorder sued his company after he was fired. The condition made him “irrational, delusional, and unable to communicate effectively.” When he had to be hospitalized, the company decided he could no longer do his job.
He sued, claiming the termination violated the ADA. The court agreed.
First, the court determined the employee was protected by the ADA. The bipolar disorder substantially limited several of his major life functions — specifically, the life activities of “thinking, communicating, interacting with others and caring for himself.”
Then, the court ruled that he could have performed his job with a reasonable accommodation — time off to get treated. Other courts have ruled that leaves of absence are considered reasonable accommodations for employees with psychological disabilities.
The case went before a jury, which awarded the employee a $91,000 payout.
Cite: E.E.O.C. v. Voss Elec. Co. d/b/a Voss Lighting
