Lowering the Threshold: Establishing Mental Disability Employment Discrimination Claims after the ADA Amendments Act (updated 9/22/10)

Susan Z. Dunn

Abstract

2010 marks the 20th anniversary of the passage of The Americans with Disabilities Act. Created to protect the interests of all disabled, physical and mental, the ADA was the first comprehensive civil rights legislation of its kind. This article will review the ADA’s original employment provisions, focusing on the threshold question of what is a disability. Further, it will discuss the U.S. Supreme Court cases that, in fact, raised the statutory threshold – making it more difficult for a mentally disabled claimant to qualify as “disabled.” Finally, the article will examine the recent changes to the law brought forth by the ADA Amendments Act of 2008 and how they improve the prospects of the mentally disabled claimant.