State psychology licensure questions about mental illness and compliance with the Americans with Disabilities Act.

2016 ◽  
Vol 86 (6) ◽  
pp. 620-631 ◽  
Author(s):  
Jennifer E. Boyd ◽  
Bruce Graunke ◽  
Frederick J. Frese ◽  
James T. R. Jones ◽  
Jennifer W. Adkins ◽  
...  
Keyword(s):  
Mental Illness ◽  
Americans With Disabilities Act

State Nursing Licensure Questions About Mental Illness and Compliance With the Americans With Disabilities Act

2019 ◽  
Vol 57 (8) ◽  
pp. 17-22 ◽  
Author(s):  
Margaret J. Halter ◽  
Donna G. Rolin ◽  
Mona Adamaszek ◽  
Miles C. Ladenheim ◽  
Bridget Frese Hutchens
Keyword(s):  
Mental Illness ◽  
Americans With Disabilities Act ◽  
Nursing Licensure

Mental illness in the workplace: The tension between productivity and reasonable accommodation

1995 ◽  
Vol 23 (1) ◽  
pp. 155-184 ◽  
Author(s):  
Susan L. Pollet
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Recent Case ◽  
Reasonable Accommodation ◽  
Rehabilitation Act Of 1973 ◽  
Reasonable Accommodations ◽  
Rehabilitation Act ◽  
The Individual

This article discusses the current legislation that an employer must comply with when dealing with employees who suffer from mental illness and the extent to which an employer must provide reasonable accommodations to such individuals. It includes a discussion of the standards, including the reasonable accommodation requirement, under both the Rehabilitation Act of 1973 (“Rehabilitation Act”) and the Americans with Disabilities Act of 1990 (“ADA”). The article also discusses recent case law involving claims under the above legislation with respect to the threshold question of whether the individual has a “qualifying handicap” and reasonable accommodation issues. The article concludes with a discussion of recommendations regarding ways in which an employer can reasonably accommodate a mentally ill employee, with a brief analysis of some of the barriers to accomplishing same.

Disclosure of Mental Illness to Employers: Legal Recourses and Ramifications

1992 ◽  
Vol 20 (1) ◽  
pp. 85-102 ◽  
Author(s):  
Renée Ravid
Keyword(s):  
Mental Illness ◽  
Mentally Ill ◽  
Americans With Disabilities Act ◽  
Drug Testing ◽  
Case Law ◽  
Medical Examination ◽  
Reasonable Accommodation ◽  
Mentally Disabled ◽  
Employment Setting ◽  
The Law

Court rulings on discriminatory employment procedures have varied in their interpretation of the law. The landmark Americans with Disabilities Act of 1990 promises to eliminate discrimination against the increasing number of physically and mentally disabled. This article examines past legislation, case law, and changes under the ADA that have affected or will affect the mentally ill in the employment setting. The ADA addresses the issue of confidentiality, distinguishing drug testing from medical examination restrictions. Controversy regarding its implementation is discussed, emphasizing the legal ramifications for psychiatrists who may be asked to assess the fitness of applicants and employees and to make recommendations regarding their “reasonable accommodation.”

scholarly journals A National Analysis of Medical Licensure Applications

2008 ◽  
Vol 94 (4) ◽  
pp. 11-16 ◽  
Author(s):  
Sarah J. Polfliet
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Substance Use ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Professional Organizations ◽  
Medical Board ◽  
Medical Licensing ◽  
Application Data ◽  
National Analysis

ABSTRACT The 1990 enactment of the Americans with Disabilities Act (ADA) and subsequent case law have established that medical board screening of physician licensure applicants for histories of mental illness or substance use may constitute discrimination. This study examines how physician licensure questionnaires have evolved since the enactment of the ADA. Specifically, we requested medical licensure applications in 2006 from all U.S. affiliated medical licensing boards (n=54) and analyzed their mental health and substance use inquiries comparatively with application data from 1993, 1996 and 1998. Response rates were 96 percent (n=52) for initial registration applications and 93 percent (n=50) for renewal applications. Our results indicate that applicants in 2006, compared with applicants in the 1990s, were questioned more about past, rather than current, histories of mental illness and substance use. These findings revealed medical board practices that seem to run counter to existing court interpretations of the ADA, as well as licensure guidelines established by several professional organizations.

Sign in / Sign up

Export Citation Format

Share Document