An example of a court decision under the ADA:

Schmidt v. Safeway, Inc. 1994*

The lawsuit involved an employee with a known psychiatric disability requesting reasonable accommodation by stating that he could not do a particular job and by submitting a note from his psychiatrist. The court ruling stated that when an individual decides to request accommodation, the individual or his or her representative must let the employer know that he or she needs an adjustment or change at work for a reason related to a medical condition. To request accommodation, an individual may use "plain English" and need not mention the ADA or use the phrase "reasonable accommodation." (BNA, Policy & Practice Series, 1996-1999)

*Safeway is a large U.S. food store chain

* To establish a psychiatric disability an individual does not have to show that he or she is substantially limited in working. Working should be analyzed only if no other major life activity is substantially limited by an impairment.

* No traits or behaviours, in themselves, are mental impairments. For example, stress in itself is not automatically a mental impairment. Stress, however, may be shown to be related to a mental impairment, such as clinical depression. Similarly, behaviours like irritability, chronic lateness, and poor judgment are not mental impairments, although they may be linked to mental impairments.³⁴

Disclosure of disability under the ADA³⁵

Within this context, the idea of disclosure refers to an employee or potential employee revealing to a supervisor, human resource personnel, or direct employer that he or she has a psychiatric disability. Individuals with psychiatric disabilities often have questions about whether and when they must disclose their disability to their employers under the ADA. Workers have expressed concern about the potential negative consequences of disclosing a psychiatric disability in the workplace and about the confidentiality of information that they disclose. Under the ADA, employers must keep all information concerning the medical condition, including the psychiatric condition, of their applicants or employees confidential. This includes medical information which an individual voluntarily tells his or her employer. There are limited exceptions to the ADA confidentiality requirement. The following exception is most pertinent to an individual with a psychiatric disability:

Supervisors and managers may be told about necessary restrictions on the work or duties of employees and about necessary accommodations.

An employer may ask for disability related information, including information about psychiatric disability, only in the following circumstances:³⁶

* Application Stage. Though employers are prohibited from asking disability-related questions before making an offer of employment, an exception is made if an applicant asks that reasonable accommodation be made for the hiring process. If the need for this accommodation is not obvious, an employer may ask an applicant to provide documentation about his or her disability. The employer may require the applicant to provide documentation from an appropriate professional such as a psychiatrist, psychologist, psychiatric nurse, licensed social worker, or licensed professional counselor.