Features

• According to the ADA's official government website, a disability is a "mental or physical impairment that substantially limits one or more major life activities." Therefore, a person with depression could qualify as mentally impaired under ADA standards. However, she must be able to prove that the depression has been going on for a substantial amount of time and is substantially limiting her sleep, concentration and ability to interact with others. Similarly, just because the person can prove these items does not mean he qualifies. There are other eligibility requirements such as age limits. Assessments are highly individualized.
  
  

Coverage Under the ADA

• Once it is determined that a person is qualified for the ADA, employers and other public entities must ensure that they are making reasonable accommodations for these individuals. If a suit is filed against an employer, for instance, under the ADA, the employer may be required to pay back pay, attorney fees or compensatory damages to employees.
  
  

Misconceptions

• Even if a person's depression qualifies under the ADA, this only means that the employer is not allowed to discriminate against the person. According to its website, the law firm of Jordan Schrader Ramis PC states that, "while the ADA protects individuals with mental or physical disabilities from being discriminated against because of the disability...it does not require employers to tolerate misconduct, even if the misconduct is caused by the disability." In other words, if an employee with clinical depression misses work frequently, the employer is not likely to be required to give the individual an extended period of time off or provide similar accommodations.
  
  

Use Legal Assistance

• While depression's link to coverage as a disability is tenuous and therefore often unclear and hard to prove, it is possible that it can be considered a true disability. The important fact to remember is that every case is different. Those with depression should seek legal assistance to determine what accommodations they may be entitled to.
  
  

Warning

• Employees must remember that they may still be subject to disciplinary action, even if their mental depression is considered covered under the ADA. It is therefore important to clarify with your employer exactly what your rights are, in addition to familiarizing yourself with the actual details of the act, which are specified in full detail on the official website.