Rob: many thanks for taking the time to share your valuable feedback, for which I’m always grateful (especially considering how busy you are with your book and other priority work).

You point to one case out of thousands which is not necessarily representative of most ADA discrimination cases involving a worker or applicant with a mental disability. As with any ADA case, each situation needs to be assessed individually based on the specific facts and legal circumstances involved. It’s clearly unlawful, for example, if employers fire or refuse to hire individuals with mental impairments based strictly on those impairments. It’s likewise unlawful for companies to reject reasonable accommodation requests from workers with mental health conditions who can do the job. The Supreme Court has ruled in favor of broadly defining the term “disability” — including mental disability impairments.

The bottom line, as always, is one’s ability, merit and talent. That’s ultimately what should matter most to employers, not disability. Every individual deserves the freedom to compete on a fair and level playing field, one without discriminatory barriers.

Thanks for considering this, kind sir.

Strategic communications consultant advancing social justice and corporate social responsibility | former career spokesman at U.S. EEOC | DC-based, NY-bred

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