Hollow promises : employment discrimination against people with mental disabilities / Susan Stefan.
2002
KF3469 .S74 2001 (Map It)
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Details
Author
Title
Hollow promises : employment discrimination against people with mental disabilities / Susan Stefan.
Published
Washington, DC : American Psychological Association, 2002.
Call Number
KF3469 .S74 2001
Edition
First edition.
ISBN
1557987920 (alk. paper)
Description
xvii, 261 pages ; 27 cm.
System Control No.
(OCoLC)45861786
Note
Appendix A constitutes copy of the survey on which much of the book is based; appendix C is directory of EEOC offices.
Bibliography, etc. Note
Includes bibliographical references and index.
Series
Record Appears in
Portion of Title
Employment discrimination against people with mental disabilities
Table of Contents
Acknowledgments
Introduction
Ch. 1
The Work Experience of People With Psychiatric Disabilities
3
Ch. 2
Disability Discrimination Law and Discrimination Against People With Psychiatric Disabilities
23
A Basic Primer in Disability Discrimination Law
Before You File a Lawsuit
Statutes of Limitation
Recent and Upcoming Supreme Court Decisions and Their Impact on the ADA
Other Federal Laws Regulating Employment
Unions, Collective Bargaining, and the ADA
Ch. 3
The Americans With Disabilities Act and the Definition of Mental Impairments
45
The Meaning of Mental Disability Under the ADA
ADA Case Law and Mental Impairment
Ch. 4
The Substantial Limitations of the Substantial Limitations Requirement of the Americans With Disabilities Act
71
Substantial Limitation in Major Life Activities
Ch. 5
"Record of Disability" and "Regarded as Having a Disability"
89
Record of Disability
Regarding an Individual as Having a Disability
Ch. 6
Abusive Work Environments, Stressful Working Conditions, and Discrimination
103
Defining Disability to Exclude Workers With Psychiatric Disabilities
Psychiatric Disability and the Requirement That Employees Be "Qualified Individuals"
Using the ADA to Attack Objectively Abusive or Unreasonably Stressful Workplace Environments
Ch. 7
What Is Discrimination?
143
Adverse Employment Action
Blanket Exclusions on the Basis of Disability
Pre-Employment Inquiry or Testing for Mental Disabilities
Postoffer Psychological Testing
Requiring Employees to Undergo Psychiatric Examinations
Employers' Requirement That Employees Returning From Leave of Absence for Medical Reasons Submit Medical Certification of Fitness
Medical Examinations for Rehired Employees
Breach of Confidentiality as a Violation of the ADA
"Misconduct" and Disability Discrimination
Associational Discrimination
Retaliation for Protected Activity
Characteristics of Successful Employment Discrimination Cases
Discrepancies Between Deposition Testimony and Affidavits
Ch. 8
Reasonable Accommodations for Employees With Psychiatric Disabilities
167
What Makes a Qualified Employee?
"Otherwise Qualified": The Disability Benefits Dilemma
Reasonable Accommodations
Can Individuals Be Required to Take Medication or Accept Treatment as a Reasonable Accommodation?
Ch. 9
Conclusion
195
App. A: Survey
199
App. B
A Sample of Disability Discrimination Cases Involving Mental Disabilities
203
App. C
Contacting the EEOC
225
Table of Authorities
229
Index
249
About the Author
261