ADA Covered

donicek

Is eating disorders covered under ADA? Specifically, Bulemia?

Also, I believe that depression is covered under ADA and we have to be careful of attendance discipline. Are there others that have experiences this and if so, any suggestions as to how to handle it. Thanks. Donice Payne, CEBS

Hatchetman

Remeber, ADA does not identify that any speciifc medicala condition autmatically constitutes a disability. That's where the individual assessment comes in determing whether the indivdual has a longterm or permanent medical condition that substantially impairs at least one major life activity.

Court rulings on ADA in which determinations are made on disability are really on the basis of the specific facts of that partiuclar case. Thus, a ruling finding that bulimia is or isn't a disability really applies only to that individual since he or she did or didn't meet the criteria as the court saw it.
I am not aware of any court case holding that an individual was or wasn't disabled under ADA because of bulimia.

I can tell you that Bulimia Nervosa is a medical condition identified in the Diagnostic and Statistical Manual (DSM), 4th Edition. That's a standard reference that many psychiatrists use to help deswcribe various mental conditins; many of which do meet the criterion of a substantial limitaiton of a major life activity. Eating obviously is a major life activity.

So, in the case of Bulimia Nervosa, the specifc conditions of the individual would have to be looked at to determine if eating (or any other major life activity impacted by it) is substantiallly impaired by it in comparison to the average individual.

barry

I am dealing with a possible bulimic employee now. The department manager has developed good documentation with witnesses, etc. and will meet with her today. We are requiring her to be evaluated by our EAP counseling service. If all works right, she will give them permission to talk with us. If she is indeed suffering from bulimia, they will lay out a treatment plan for her to follow and we will make this a condition of continuing employment.

cthr

How can you make following the treatment plan a condition of employment. Is the fact that she is bulimic affecting her job in some way?

barry

The employee is stealing food and employees are complaining that she is purging in restroom and work lavatory. Yes, it is affecting her work.

Whatever

What exactly is the accomodation? Did she ask for one or are you trying to accomodate her co-workers. Even if she does follow a treatment plan, the purging will not end immediately. More serious, our company rules state that stealing from another employee, no matter how small, is a termination offense. Under no circumstance, would I accomodate an employee by condoning their right to steal food.

E Wart

E Wart
I would urge you to address the work related problem. It is not up to you (or us and HR professionals) to play doctor and make sure employees receive their treatment. If the person is stealing food or not at at their work site, or interruping employees, I would think this is what you need to address. If you can get the person to contact the EAP and get help, more power to you. You could work with them, if they ask for your help or accommodations, but I wouldn't advise you to get involved in monitoring their treatment. (This is like you monitoring a drug adict.)
Good luck and you are a good person to be concerned.

sonny

Watch you don't get too involved. . really not the employers responsibility to monitor a treatment plan.. INMHO

cthr

I still wouldn't get too involved with the treatment plan and making it a condition of employment. I would speak with legal counsel first.