Disability Discrimination and Depression
The Americans with Disabilities Act (ADA) is a civil rights law passed by the United States Congress in 1990. Its purpose is to protect people with disabilities from discrimination in various aspects of life, such as employment, public accommodations, transportation, and telecommunications.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. The Americans with Disabilities Act (ADA) defines a disability as a physical or mental impairment that substantially limits one or more major life activities. In 2008, the ADA Amendments Act expanded the definition of disability to include mental health conditions such as depression in certain circumstances.
In order to qualify as a disability within the meaning of the Americans with Disabilities Act of 1990, a plaintiff must identify major life activities that are impaired by her condition. Major life activities are defined as functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. 29 C.F.R. § 1630.2(i). This list is illustrative and not exhaustive.
Depression has been a widely discussed topic in recent years, with more and more individuals coming forward to share their experiences. However, despite the growing awareness surrounding mental health, discrimination against those who suffer from depression is still prevalent in many workplaces.
The case of Reilly v. Revlon was a landmark decision in which the United States District Court for the Southern District of New York held that depression could qualify as a disability under the Americans with Disabilities Act (ADA) and the New York State Human Rights Law.
If you are experiencing depression and feel that you have been discriminated against at work because of your disability, it is important to take action. Seek the advice of a New York Employment Attorney who can provide you with guidance on the best course of action for your particular circumstances.
The information provided in this response is for general informational purposes only and is not intended to be legal advice. This response should not be relied upon as legal advice. The information in this response may not reflect the most current legal developments and may vary by jurisdiction.