Businesses or companies with 15 or more employees are required to comply with the ADA.
For more mental health resources, see ourNational Helpline Database.
Are You Covered by the ADA?
Verywell / Nusha Ashjaee
Problems not covered by the ADA includeadjustment disorders, relationship troubles, or illegal drug use.
In addition, behavior “traits” such as irritability or stress are not included.
Usually a condition has to be present for several months before it qualifies as a long-term problem.
Substantial Limitation
A determination of substantial limitation does not always have to be made by an expert.
Any employee with a substance abuse problem can be held to the same standards as other employees.
It may be hard to do this, given the stigma and misconceptions that surround mental illness.
Equal Employment Opportunity Commission (EEOC) to file a complaint.
A charge of discrimination generally must be filed within 180 days.
To file a charge of discrimination contact anyEEOC Field Offices.
These offices are located in cities throughout the United States.
You may also be entitled to attorneys fees.
As with disclosure, remember that the ADA is designed to help people like you.
Federal Register / Vol.
Equip for Equality.Legal Brief No.
13: Invisible Disabilities and the ADA.
DBTAC Great Lakes ADA Center; 2010.
Department of Justice, Civil Rights Division.Title 29 Subtitle B Chapter XIV Part 1630.
Regulations to implement the Equal Employment Provisions of the Americans with Disabilities Act.
Equal Employment Opportunity Commission.
Depression,PTSD, & other mental health conditions in the workplace: Your legal rights.
Equal Employment Opportunity Commission.Time limits for filing a charge.
Davidson L.The recovery movement: implications for mental health care and enabling people to participate fully in life.Health Affairs.
60(7):878-9. doi:10.1176/appi.ps.60.7.878
U.S.
Equal Opportunity Employment Commission.ADA Amendments Act of 2008.
Equal Opportunity Employment Commission.EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities.
