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Perceived Mental Impairment in the Workplace

By Patricia Anderson Pryor

Almost every employer has experienced it: the employee who suddenly seems a little “off,” the rumors circulating among the co-workers that he is “odd,” “strange” or “crazy,” and then the resulting concerns from employees who are uncomfortable around, or fearful of, the labeled employee. Employers who take action because there are rumors that the employee is “crazy,” “psycho” or “nuts” often find themselves the subject of an Americans with Disabilities Act (“ADA”) lawsuit facing claims that they regarded the individual as mentally disabled. What's an employer to do? How an employer handles concerns about an employee may be the difference between an amicable work environment and a lengthy and costly lawsuit.

The 'Regarded As' Prong of the ADA

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