ACCOMMODATION OF MENTAL DISABILITY IN THE NINTH CIRCUIT

The Ninth Circuit Court interprets the ADA as not requiring employers to accommodate employees who are merely “regarded as” disabled under the definitions provided in the statute.  While a case of potential mental disability may seem more complicated, the effect is the same.  Absent notice by the employee, the employer has no obligation to suggest that employee conduct might be the result of a mental disability.  Nor does the employer have a duty to accommodate the employee that is “regarded as” mentally impaired.  However, courts recognize that mental disabilities may make it more difficult for otherwise qualified employees to communicate their need for accommodation to the employer.  Therefore, once notice is given to the employer of a mental disability – by the employee, the employee’s family, trusted friend or healthcare provider – the employer may have a heavier burden of negotiating a reasonable accommodation with the impaired employee.