Cultural and Organizational Aspects of Application of the Americans with Disabilities Act to Persons with Psychiatric Disabilities

Abstract

The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation for persons with psychiatric disabilities. Most persons with a history of mental disorder work productively and do not require accommodation. Many persons with serious mental illness need accommodation but are conscientious and productive workers. Difficulties inherent in the Equal Employment Opportunity Commission (EEOC) guidelines are those of differentiating aspects of mental disorder from work-related conduct and the potential for manipulative persons to use the Act to excuse inappropriate behavior and ask for accommodation. A further problem is the potential for discouraging employers from hiring persons with mental illness because of the perceived difficulty of terminating them should their work prove unsatisfactory. If the ADA is to be effective, it must be seen as only one step in a larger process involving public education, effective mediation, meaningful assistance for employers, and wise implementation decisions that account appropriately for the social context.

Labor Market Outcomes of Persons with Mental Disorders

“…Table 4 reports means of the variables in the wage equation for each analysis group. Consistent with the findings of Mechanic et al (2002), persons with mental disorders are employed across the full spectrum of occupations and industries. Overall, mean hourly wages are 6 percent lower for workers with mental disorders than for workers without ($14.09 versus $14.85).…”

“…Mechanic (1998) argues that stigma may be one such factor. Research consistently shows that mental disorders generate strongly negative attitudes, comparable to the stigma ascribed to ex‐convicts or persons with AIDS (e.g., Royal and Roberts 1987; Tringo 1970; Westbrook, Legge, and Pennay 1993).…”

The impact of gender on early ill-health retirement in people with heart disease and depression

“…However, our results suggest that this may not be the case as the effect of depression in women was to bring the proportion taking IHR to that of men (50%). It may be that the greater interpersonal skills needed in roles such as personal support jobs makes them less compatible to continued working in the presence of depression (Mechanic, 1998). Women also reported different sources of pressure to retire than men.…”

Addressing Public Stigma and Disparities Among Persons With Mental Illness: The Role of Federal Policy

“…Although the ADA prohibits employers from asking about mental illness during the job application process, some employers could attempt to screen out (by using cues such as affect, communication skills, or gaps in work history) those with mental illness because of what must be offered to disabled applicants once they are hired. 34 Therefore, the ADA could be more likely to protect to those with less severe types of mental illness who already have a job or who are able to hide their mental illness when applying for a job. This phenomenon also illustrates how stigmatizers may become more careful and perpetuate discriminatory behavior even if antidiscrimination laws have been implemented.…”

“…Similarly, antidiscrimination legislation in education and employment settings cannot protect disabled children whose parents are resistant to having their child labeled with a psychiatric disability, or job applicants and employees who are reluctant to disclose their mental health status to an employer. 6,34 …”