"Interacting With Others": Major Life Activity Under Disabilities Act?

Published in New York Law Journal, December 2004.

The federal courts of appeal disagree on whether an employee whose mental impairment prevents him or her from interacting with others may be deemed to suffer from a "disability" under the Americans with Disabilities Act (ADA). This question has serious implications for employers.

On the one hand, misbehavior in the workplace provides a legitimate nondiscriminatory reason to terminate an employee for cause. On the other hand, an employee who is considered disabled under the ADA may be entitled to a "reasonable accommodation," which means that the employer is obligated to work with the employee to determine whether there is a workable compromise (e.g., reassignment), rather than simply terminating the employee for disability-related misbehavior.