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The Unique Challenges of Workplace Accommodation for Psychiatric Disabilities

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The number of psychiatric disability discrimination claims brought under the Americans with Disabilities Act of 1990 has been increasing significantly in recent years, now comprising nearly 30 percent of all ADA charges filed with the Equal Employment Opportunity Commission.

If a particular workplace and labor force has not already been impacted by this unmistakable national trend, it may well be in the near future. For both psychiatric and physical disabilities, an employee must satisfy two criteria in order to be entitled to a reasonable accommodation under the ADA.

First, the employee must have a “disability,” defined as a “physical or mental impairment

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