The Americans With Disabilities Act of 1990 and Employees With Mental Impairments: Personal Efficacy and the Environment

Abstract

The Americans With Disabilities Act of 1990 (ADA) (Public Law 101-336) provides persons with mental health problems basic rights resulting in full access to community resources, especially the rights and privileges associated with the work role. This paper discusses the law, personal self-efficacy, and four environmental aspects as they relate to the employment of persons with mental impairments: (a) employer and co-worker attitudes, (b) essential job functions, (c) reasonable accommodations, and (d) community access. Areas of intervention for occupational therapists in mental health include attitude and advocacy training, assisting employers in providing reasonable accommodations, and preparing persons with mental impairments to be successful employees. Examples in occupational therapy are reviewed to illustrate the implementation of the ADA with persons with mental health problems.

Supported Employment: Evidence for a Best Practice Model in Psychosocial Rehabilitation

“…In general, client factors such as diagnosis, symptoms, age, gender and ethnicity have not been strong or consistent predictors of vocational success . Several authors have documented information about the nature and type of supports that are important for individuals with a mental illness (Crist & Stoffel, 1992;Marrone, Balzell, & Gold, 1995;Parent, Unger, Gibson, & Clements, 1994). For those who do find competitive work, Becker, Drake et al (1998) found that events during the job placement often occurred which led to unsatisfactory job terminations.…”

“…Crist and Stoffel (1992) highlight ways in which occupational therapists can negotiate reasonable accommodations with employers. Rather than our traditional focus on assessment and skill development, we need to shift our focus, at least initially, to developing and accessing supports in the work environment.…”

A pilot study on attitudes toward making reasonable accommodations for occupational therapists with disabilities

“…Although it is difficult to list all job functions, the most prevalent performance skills required for a job must be written. Unwritten assumptions about job requirements no longer apply (Crist & Stoffel, 1992). To further illustrate this point, Crist & Stoffel (1992), described a case study of an occupational therapist with an emotional disability who was dismissed because she didn't model appropriate behaviour for the patients.…”

“…Unwritten assumptions about job requirements no longer apply (Crist & Stoffel, 1992). To further illustrate this point, Crist & Stoffel (1992), described a case study of an occupational therapist with an emotional disability who was dismissed because she didn't model appropriate behaviour for the patients. The occupational therapist was able to sue the hospital on the grounds that she was dismissed for not being able to perform a marginal job requirement.…”

“…Furthermore, for a person to disclose his or her condition to a prospective employer, there needs to be an atmosphere of acceptance, understanding and respect for individual differences in the work environment. This type of work environment can be established through counselling, and providing information to employers and coworkers about the capabilities of a person with a mental illness (Crist & Stoffel, 1992).…”