Bi-Polar Disorder

martman99

Can anyone tell me if Bi-Polar disorder has been recognized as a disabilty as defined within the ADA? Union employee has been dismissed from her position as a result of her not being able to "handle" it. Her doctor confirms the need to be away from the stressful position. However, if they don't find her another position within the company might she be protected? She is following the administrative process right now to explore her employment options.

Thanks

Marty

Don D

Yes, it meets the ADA definition of disability.

bsa

A "disability" is defined as a physical or mental impairment that substantially limits one or more of the individual's major life activities even when using mitigating measures.

Major life activities are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, sitting, standing, lifting, and reaching, and working (29 CFR 1630.2(i)). Exercising cognitive functions is also a major life activity. (29 CFR 1630.2(j.

The determination whether an impairment "substantially limits" one or more major life activities should be made when an individual is medicated or is using their assistive device (mitigating measures). An employer should not consider an individual's impairment in its uncorrected state to determine if the individual is disabled under the ADA.

So, if your employee is medicated and still unable to make reasonable decisions at work or "handle it", she could be disabled.

Generally, it is not the name of an impairment or a condition that determines whether a person is protected by the ADA, but rather the affect of an impairment or condition on the life of that particular person, as compared to the average person in the general population.

Hatchetman

as the others have noted that bi-polr diorder can be a disaiblity under ADA. Wheter it is for this individual is based upon what if any impairment of one or more major life activities occur and to what degree (to estalbihs signficance) in comparison to the average indivudal.

While BSA is correct about the use of medication or other mitigating measures in deciding the impairment issues, the assessment on that basis is made only if the employee is using medication or other mtigiating measure. If medication hasn't been prescribed, for example, then you make the assessment without it. Your problem may be if the medicaiton has been prescribed but the employee isn't using it. Then be careful because the courts have issed differnt rulings depending on what the employee's explanation is. Consult with legal counsel if you have that issue.

Further, if the medication in turn significantly imparis one or maore major life activities while eliminating or reducing the impairment caused by the bi-polar disorder, then that is sufficient to be considered disabled under ADA.

Don D

Additionally, if the individual is bi-polar and, whether medicated or not, cannot perform the required essential functions of the job, she does not enjoy ADA protection because she is no longer 'a qualified individual', which is precisely one-half of the definition.

My conversations with people in the field of psychiatry and psychology tell me that there has not been a case, in their memory, where a patient diagnosed as bipolar has not been covered either by the ADA or it's education counterpart. One commented that if there were such a case as would not be protected, it would more likely be a diagnosis secondary to BD that rendered them unable to function in a work or school setting.

martman99

Thanks Don

That's my interpretation as well under ADA. I don't think she is afforded the protection since she is unable to perform the essential functions of the job, medicated or not (she concurs on that point)

Marty