Landmark U.S. Supreme Ct. ADA Cases:

Recent US Supreme Ct. Decisions:

TOYOTA MOTOR MFG., KY., INC. v. WILLIAMS [00-1089]

EEOC v. WAFFLE HOUSE, INC. [99-1823]

Age Discrimination Act of 1975

(42 U.S.C. Sections 6101-6107)

Section 6101. Statement of purpose

It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.

The Age Discrimination in Employment Act of 1967

The U.S. Equal Employment Opportunity Commission
EDITOR'S NOTE: The following is the text of the Age Discrimination in Employment Act of 1967 (Pub. L. 90-202) (ADEA), as amended, as it appears in volume 29 of the United States Code, beginning at section 621. The ADEA prohibits employment discrimina tion against persons 40 years of age or older. The Older Workers Benefit Protection Act (Pub. L. 101-433) amends several sections of the ADEA. In addition, section 115 of the Civil Rights Act of 1991 (P.L. 102-166) amends section 7(e) of the ADEA (29 U. S.C. 626(e)). These amendments appear in boldface type. Cross references to the ADEA as enacted appear in italics following each section heading. Editor's notes also appear in italics.
An Act To prohibit age discrimination in employment.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that this Act may be cited as the "Age Discrimination in Employment Act of 1967".
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Psychiatric Disability Discrimination Lawsuits

reprinted, in sincere appreciation, with the publisher's permission from:
Better Legal & Business Practice for Psychiatrists and Psychotherapists
http://www.betterlegalandbusinesspractice.com

Disability Discrimination: Developement in Case Law Under the ADA

Reprinted, in sincere appreciation, with the author's permission

Jonathan R. Mook
DiMuro, Ginsberg & Mook, P.C.
908 King Street, Suite 200
Alexandria, Virginia 22314
tel (703) 684-4333  fax (703) 548-3181
email:  csigler@dimuro.com

§ 1.01 INTRODUCTION

Since the employment provisions of the Americans with Disabilities Act (Title I) took effect in July, 1992, the Equal Employment Opportunity Commission (EEOC) has received over 129,000 ADA charges. Emotional and psychiatric impairments (including anxiety disorders, depression, manic depressive disorder and schizophrenia) now constitute 15.8 percent of those disabilities cited in charges filed with the EEOC.  In fiscal 1999 alone, there were more than 3,000 ADA claims based on a emotional or psychiatric impairment of the charging party. Other disabilities cited in EEOC charges include:

 

Mental Illness in the Workplace: Legal and Psychiatric Implications of Mentally Disabled Employees

San Francisco Attorney Magazine September 2001
Law.com November 29, 2001

Mark I. Levy, MD
Jonathan Mook, Esq.
Saul Rosenberg, Ph.D.

Although federal and state laws prohibit employment discrimination against individuals with physical and mental disabilities and require an employer to make reasonable accommodations for both kinds of disabilities, interpreting and implementing the law with regard to mental disabilities has proven very difficult. The process of diagnosing mental disorders such as like depression or anxiety, specifying the related functional impairments, and suggesting accommodations is inherently more complex than providing wheelchair access.

The Americans with Disabilities Act: A Brief Overview

Disclaimer;  This is a brief overview which cannot possibly set forth everything about the ADA and which, for purposes of brevity or as part of an effort to state legal concepts simply and in plain English, may describe the law in a manner which is not necessarily precise and/or accurate in every respect.