No sudden impact; courts rejecting mental disability claims despite EEOC guidelines intended to protect mentally ill

Article Abstract:

The Americans with Disabilities Act (ADA) is not protecting the mentally ill when they go to court with claims of discrimination. Equal Employment Opportunity Commission guidelines strengthen the rights of the mentally ill in the workplace, yet employers have still won 32 of 37 mental disability suits published in 1997. They also won 26 of 30 motions for dismissal at the trial stage, and 6 of 7 appellate rulings. The courts sometimes even turn down mental disability claims without addressing whether accommodating the disability would have caused the employer undue hardship.

Cases, Mentally ill persons, Mentally ill, states

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Something in the genes: EEOC takes steps to forestall discrimination for predisposition to illness

Article Abstract:

An EEOC compliance manual for the Americans with Disabilities Act of 1990 (ADA) issued in 1995 includes those with a genetic susceptibility to an illness in the ranks of the handicapped for ADA purposes. According to the ADA, employers may do genetic screening after a conditional job offer only if all new employees in the same job category are screened. Not offering an employee health insurance due to a pre-existing condition is so far permissible under the ADA as long as there was no subterfuge to evade the goals of the law.

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Positively truthful; appeal asks whether doctors have duty to disclose HIV status to patients

Article Abstract:

The US Supreme Court used the 1998 case of Abbott v. Bragdon to rule that the Americans with Disabilities Act protects HIV-infected dental patients, and the case is one of the first to raise to issue of whether a medical professional's HIV-positive status can give rise to a legal claim. Most of the 16 states which have considered AIDS phobia issues have stated that only plaintiffs with evidence of actual HIV exposure could bring a claim.

HIV patients

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