One of the most difficult issues employers deal with is how to accommodate an employee with a mental impairment under the Americans with Disabilities Act (ADA). Mental impairments can include depression, anxiety disorders, and psychiatric disorders that affect employees’ attendance and performance. Employers may have a difficult time distinguishing mental impairments from other common employee behaviors. For example, an employee may frequently miss work because he suffers from depression. Balancing the needs of the business and the needs of disabled employees while staying within the ADA’s often confusing framework can be challenging.
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