Chapter 5 Lecture Notes - ADA 1 Chapter 5: EEOC: The...

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ADA Chapter 5: EEOC: The Americans with Disabilities Act and Psychiatric Disabilities Lecture Notes Lesson : Providing the Law with Factual Knowledge to Help Set Legal Goals Example : Workplace Accommodation for Persons with Disabilities Enforcement Guidance: The Americans with Disabilities Act and Psychiatric Disabilities Administrative Agency: U.S. Equal Employment Opportunity Commission (EEOC) While Chapters 2 ( Vernonia ) and 3 ( Planned Parenthood ) demonstrated that behavioral and social facts are used in legal decision making Chapter 4 ( Michaels ) started Part 2 of the book, which asked: Why is behavioral and social knowledge used in legal decision making? The answer in Michaels was to identify and test the accuracy of factual assumptions Chapter 5 illustrates another reason why behavioral and social factual knowledge is used in legal decision making: To provide the factual basis for setting legal goals Note that in this chapter, we are changing the legal background While, Chapters 2, 3 & 4 dealt with court cases, Chapter 5 deals with an administrative agency’s attempt to help people understand how a statute should be applied in the workplace AMERICANS WITH DISABILITIES ACT ADA is a statute, but federal and state agencies have to interpret and implement it The EEOC, The Equal Employment Opportunity Commission, is one such agency In attempting to help employers comply with the ADA, the EEOC created the document entitled the “ EEOC Enforcement Guidance: The ADA and Psychiatric Disabilities -Title I of the ADA recognizes that persons with a psychiatric disability can be productive in the workplace Psychiatric Disability under the ADA Psychiatric disability is defined as: (a) Having a physical or mental impairment that substantially limits one or more of the major life activities of an individual; 1
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ADA (b) (1) Having a record of such an impairment; or (b) (2) Being regarded as having such an impairment Impairment under the ADA An impairment includes: Major depression Bipolar disorder Anxiety disorders Which include panic disorder, obsessive compulsive disorder, post-traumatic stress disorder Schizophrenia Personality disorders *A Personality Disorder is an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress or impairment. Impairment does not include
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Chapter 5 Lecture Notes - ADA 1 Chapter 5: EEOC: The...

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