Mental disabilities, accommodation

Accommodations for Persons With Developmental, Intellectual, or Mental Disabilities... 

Referrals, policy development, research and advocacy. Expertise in indoor air issues, rights of those disabled by chemical/environ-mental exposures, public and commercial buildings access issues, accommodations in the workplace and more. Provides info package, media packages, educational materials and speakers bureau. Member of the President s Committee on Employment of People with... 

Title 1 of the ADA prohibits employers from discriminating against qualified individuals with disabilities. It requires covered employers to provide reasonable accommodation to the known mental or physical limitations of a qualified person with a disability, unless doing so would create an undue hardship on the employer. The meaning of the basic terms used to define Title I of the ADA are discussed below. 

In addition to sexual harassment and accommodation of religious beliefs, equal treatment for individuals with disabilities is a significant issue for the treatment of both employees and customers. The Americans with Disabilities Act provides equal opportunity for persons who are disabled in the workplace. This act prohibits discrimination in all aspects of employment from hiring to firing, similar to practices that are covered by equal opportunity employment laws. Persons are considered disabled if they have either a physical or mental impairment that significantly limits one or more major life activities or have a record of impairment. Also, discrimination against a person who has a relationship with a disabled person is prohibited. 

Human factors are also important in rehabilitation, where various aids for the disabled must be sized correctly, be versatile enough to accommodate special needs, be acceptable to the human user, and be socially acceptable to others. Without proper incorporation of human factors, health problems such as eyestrain, mental stress, and physical injury can result. Cumulative trauma disorder (work-related musculoskeletal disorder) comes about when working repetitively with tools under awkward conditions. Carpel tunnel syndrome is one form of this. 

Safety professionals shonld be aware that the company or organization wonld be reqnired to make reasonable accommodations for any/all known physical or mental limitations of the qnalihed individnal with a disability, unless the employer can demonstrate that the accommodations wonld impose an undue hardship on the business, or that the particnlar disability directly affects the safety and health of that individnal or others. Safety professionals should also be aware that included under this section is the prohibition against the use of qualihcation standards, employment tests, and other selection criteria that can be used to screen out individuals with disabilities, unless the employer can demonstrate that the procedure is directly related to the job funetion. In addition to the modifications to facilities, work schedules, equipment, and training programs, the company or organization is required to initiate an informal interactive (communication) process with the qualified individual to promote voluntary disclosure of his or her specific limitations and restrictions to enable the employer to make appropriate accommodations that will compensate for the limitation. ... 

Fail to make reasonable accommodations, including in the administration of tests, to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such accommodation would impose an undue hardship. Id. at 12112(b)(5). 

B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant ... 

Persons who have physical or mental impairments that do not limit a major life activity but who are nevertheless perceived by covered entities (employers, places of public accommodation) as having such limitations. (For example, an employee with controlled high blood pressure that is not, in fact, substantially limited is reassigned to less strenuous work because of his employer s unsubstantiated fear that the individual will suffer a heart attack if he continues to perform strenuous work. Such a person would be regarded as disabled.) ... 

Residential (institutional) 2(a) Hospital, home, school or other similar establishment used as living accommodation for, or for the treatment, care or maintenance of, persons suffering from disabilities due to illness or old age or other physical or mental incapacity, or under the age of five years, or place of lawful detention, where such persons sleep on the premises. 

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