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are mental illnesses such as depression & adult ADD a protected class?

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MnFats Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 04:59 PM
Original message
are mental illnesses such as depression & adult ADD a protected class?
in terms of employment law etc.


asking only in theoretical sense, of course...sorry if it seems a stupid question...
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Posteritatis Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 05:00 PM
Response to Original message
1. I *think* so, but I'm not sure (nt)
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Sanity Claws Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 05:05 PM
Response to Original message
2. See Americans with Disabilities Act
Edited on Tue Jan-20-09 05:18 PM by in search of sanity
The statute has been very narrowly interpreted over the years. If the condition can be treated or somehow compensated for, then person with the condition is not protected by the statute. I can't remember the names of the cases but one concerned someone who had vision with only one eye. He was not protected by the statute because he was able to compensate for the condition.
Depression and ADD are at least arguably treatable by medication and thus not protected; you can be sure that the employer would argue that position.
If a person had either condition and needed time to get treatment, they could fall within the protection of the Family and Medical Leave Act which would allow them to have time off to get the condition treated.

edited to add a word inadvertently omitted
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MountainLaurel Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 05:05 PM
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3. If documented
They fall under the Americans with Disabilities Act.
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