KEEPING THE PROMISE - THE ADA AND EMPLOYMENT DISCRIMINATION ON THE BASIS OF PSYCHIATRIC DISABILITY

The Americans with Disabilities Act (ADA) and its predecessor, the Reh abilitation Act of 1973, have done a great deal to address the problem of discrimination against individuals with physical disabilities. The ADA has not been as successful, however, in curtailing discrimination based on psychiatric disabilities. In interpreting the ADA in the con text of psychiatric disabilities, courts have often turned for guidanc e to precedents established under the Rehabilitation Act. This Comment argues that much Rehabilitation Act precedent is simply inappropriate for interpreting the ADA, for two reasons. First, the ADA differs fro m the Rehabilitation Act in ways that should offer greater protection to persons with psychiatric disabilities. Second, many Rehabilitation Act precedents are infused with the very stereotypes and prejudices ag ainst individuals with psychiatric disabilities that the ADA ought to avoid. Concentrating on the ADA's employment discrimination provisions , the author examines several of the central questions courts face in cases involving psychiatric disabilities. She suggests ways in which c ourts interpreting the ADA ought to address these questions, casting a side when necessary the outdated guidance offered by Rehabilitation Ac t cases.