Forensic Psychiatry & Medicine ADA

"Life Activities and Ability to Work"

"A ruling by a federal appeals court that 'sleeping, engaging in sexual relations, and interacting with others are 'major life activities'' under the Americans with Disabilities Act (ADA) could create headaches for employers. The U.S. 9th Circuit Court of Appeals found that the question of whether an employee faced substantial limitations in his ability to work was 'irrelevant to whether his limitations in other major life activities qualify him as disabled for ADA purposes'. (McAlindin v. County of San Diego), No.9756787

The case involved Richard McAlindin who began working as a systems analyst in 1983 for San Diego County. Doctors diagnosed him as suffering from anxiety and panic disorders, and he took a stress-related disability leave in 1992. In 1993, the county required him to undergo a psychiatric exam to evaluate his ability to return to work. A psychiatrist found that McAlindin needed more aggressive medications and psychotherapy in order to be able to return to work. McAlindin said that, when he returned to work, his supervisors had mistreated him. He sued under the ADA." [Mental Health Law Reporter, Vol. 17, No. 12, December 1999:89]


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