MnFats
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Tue Jan-20-09 04:59 PM
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are mental illnesses such as depression & adult ADD a protected class? |
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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
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Tue Jan-20-09 05:00 PM
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1. I *think* so, but I'm not sure (nt) |
Sanity Claws
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Tue Jan-20-09 05:05 PM
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2. See Americans with Disabilities Act |
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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
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Tue Jan-20-09 05:05 PM
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They fall under the Americans with Disabilities Act.
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Thu May 02nd 2024, 11:11 AM
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