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.”

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.

scholarly journals The Mentally Disabled and the Law: The Report of the American Bar Foundation on the Rights of the Mentally Ill

1962 ◽  
Vol 75 (6) ◽  
pp. 1252
Author(s):  
William J. Curran ◽  
Frank T. Lindman ◽  
Donald M. McIntyre
Keyword(s):  
Mentally Ill ◽  
Mentally Disabled ◽  
The Law

Impact Of Title I Of The Americans With Disabilities Act On People With Psychiatric Disabilities

2001 ◽  
Vol 32 (1) ◽  
pp. 45-50 ◽  
Author(s):  
Rebecca Spirito Dalgin
Keyword(s):  
Title I ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Psychiatric Disabilities ◽  
Recent Case ◽  
Rehabilitation Counselors ◽  
Current Information ◽  
The Law ◽  
Definition Of ◽  
The Impact

This article describes the intricacies of Title I of the ADA for people with psychiatric disabilities. Due to the complexities of the law it is important that rehabilitation counselors understand the specific dilemmas Title I presents for this population. Concerns about the ADA's definition of disability, qualification for the job, requesting accommodations, and disclosure will be discussed. Additionally, recent case law is provided on the impact of Title I for people with psychiatric disabilities. Rehabilitation counselors will gain critical and current information about ADA issues for people with psychiatric disabilities.

The ADA: Public Personnel Management, Reasonable Accommodation and Undue Hardship

1992 ◽  
Vol 21 (4) ◽  
pp. 411-427
Author(s):  
Paul S. Greenlaw ◽  
John P. Kohl
Keyword(s):  
Public Sector ◽  
Personnel Management ◽  
Americans With Disabilities Act ◽  
Reasonable Accommodation ◽  
The Public ◽  
Key Concepts ◽  
The Law ◽  
Management Functions ◽  
The Impact

The Americans with Disabilities Act was signed into law on July 26, 1990. This article reviews and summarizes the impact of the ADA on the public sector, and discusses two key concepts of the law, “reasonable accommodation” and “undue hardship.” These two concepts impact all management functions, including personnel management, and are the most troublesome of the Act to interpret and apply.

scholarly journals Verso il superamento dell’Ospedale Psichiatrico Giudiziario: l’umanizzazione del trattamento degli infermi di mente socialmente pericolosi

2015 ◽  
Vol 64 (3) ◽  
Author(s):  
Alice Caputo
Keyword(s):  
Mental Illness ◽  
Psychiatric Hospital ◽  
Mentally Ill ◽  
Security Measures ◽  
The Social ◽  
The Law ◽  
New Vision ◽  
Point Of Intersection ◽  
Social Dangerousness

L’accertamento della pericolosità sociale dei soggetti affetti da vizio di mente, totale o parziale, che hanno commesso un reato, costituisce il punto di incontro di due scienze che hanno finalità e modalità operative completamente differenti: il diritto e la psichiatria. Da circa qualche decennio, la psichiatria ha offerto una lettura completamente differente della malattia mentale, rompendo il rigido binomio presuntivo di infermo di mente-socialmente pericoloso e vincendo importanti battaglie nel trattamento di questi soggetti. Ciò nonostante le misure di sicurezza destinante ai soggetti infermi di mente ritenuti socialmente pericolosi in seguito alla commissione di un reato, tra le quali, in particolare, l’Ospedale Psichiatrico Giudiziario, hanno completamente disatteso ogni nuovo modo di concepire il trattamento della malattia mentale da parte della psichiatria, caratterizzandosi, invece, per il solo carattere custodialistico. La legge n. 81 del 2014 prova a correggere il tiro rendendo il trattamento dei soggetti infermi di mente più umano. ---------- The social dangerousness verification of subjects with mental illness and author of a crime is the point of intersection between two sciences characterized by different aims and different operative moods: law and psychiatry. In the last years, psychiatry has offered a new vision of mental illness, surmounting the rigid presumptive binomial concerning mentally ill-social dangerousness, and making important achievements about the treatment of this subjects. However, the security measures for mentally ills considered socially dangerousness after the commission of a crime, especially judicial psychiatric hospital, have not considered the new way of addressing the treatment of mental illness from psychiatry, keeping custody character. The law no. 81 of 2014 tries to resolve this problem, humanizing the treatment of mentally ills.

Evaluating motives: Two simple tests to identify and avoid entanglement in legally dubious urine drug testing schemes

2015 ◽  
Vol 11 (1) ◽  
Author(s):  
Michael C. Barnes, Esq. ◽  
Stacey L. Worthy, Esq
Keyword(s):  
Drug Testing ◽  
Criminal Liability ◽  
Case Law ◽  
Legal Framework ◽  
State Laws ◽  
Health Care Fraud ◽  
Self Evaluation ◽  
Urine Drug Testing ◽  
Urine Drug ◽  
The Law

Objective: This article educates healthcare practitioners on the legal framework prohibiting abusive practices in urine drug testing (UDT) in medical settings, discusses several profit-driven UDT schemes that have resulted in enforcement actions, and provides recommendations for best practices in UDT to comply with state and federal fraud and anti-kickback statutes.Methods: The authors carefully reviewed and analyzed statutes, regulations, adivsory opinions, case law, court documents, articles from legal journals, and news articles.Results: Certain facts-driven UDT arrangements tend to violate federal and state healthcare laws and regulations, including Stark law, the anti-kickback statute, the criminal health care fraud statute, and the False Claims Act.Conclusions: Healthcare practitioners who use UDT can help ensure that they are in compliance with applicable federal and state laws by evaluating whether their actions are motivated by providing proper care to their patients rather than by profits. They must avoid schemes that violate the spirit of the law while appearing to comply with the letter of the law. Such a simple self-evaluation of motive can reduce a practitioner’s likelihood of civil fines and criminal liability.

The ADA and Disability Accommodations

2003 ◽  
Vol 32 (1) ◽  
pp. 143-154 ◽  
Author(s):  
Suzanne M. Crampton ◽  
John W. Hodge
Keyword(s):  
Supreme Court ◽  
Americans With Disabilities Act ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Employment Opportunities ◽  
Judicial Decisions ◽  
Equal Employment ◽  
The U.S ◽  
Over Time ◽  
Employer Responsibilities

The Americans with Disabilities Act (ADA) was designed to promote equal employment opportunities for handicapped individuals in the workplace. The law mandates that employers reasonably accommodate individuals with disabilities who are qualified to perform the job. However, employers are exempted from this requirement if the reasonable accommodation results in an undue hardship for the organization. The legal definitions of reasonable accommodation and undue hardship have evolved over time due to case law resulting from judicial decisions. This paper will review recent decisions by the U.S. Supreme Court and their effect on employer responsibilities under the ADA. Suggestions will be provided as to policies organizations could follow to respond to these requirements.

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.

Review of The Court of Last Resort: Mental Illness and the Law.

1983 ◽  
Vol 28 (7) ◽  
pp. 565-565
Author(s):  
William T. McReynolds
Keyword(s):  
Mental Illness ◽  
The Law
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