The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in various areas of public life, including employment on the federal level. The Wisconsin Fair Employment Law (WFEA) similarly protects people with disabilities, among other characteristics such as age and race, from discrimination in employment contexts in the State of Wisconsin. Under both the ADA and the WFEA, employers are required to provide reasonable accommodation to those with disabilities as long as the accommodation does not create undue hardship for the business. Both physical and mental disabilities are covered by these laws. However, it’s not always clear what is considered a qualifying mental disability.
Under the ADA, attention-deficit/hyperactivity disorder (ADHD) is considered a disability if the disorder “substantially limits some major life activity.” Major life activities include actions completed in daily life such as talking, seeing, and performing manual tasks. It also includes bodily functions such as neurological and brain functions. Under the WFEA, a mental impairment is an “impairment which makes achievement unusually difficult or limits the capacity to work” and is analyzed similar to the ADA’s “substantially impairs one or more major life activities.” Thus, treatment of ADHD as a disability under the ADA and the WFEA is generally consistent.
According to the Equal Employment Opportunity Commission guidelines, post-traumatic stress disorder (PTSD) is also considered a mental impairment. Under the WFEA, a mental impairment is an “impairment which makes achievement unusually difficult or limits the capacity to work” and is analyzed similar to the ADA’s “substantially impairs one or more major life activities.” Thus, treatment of PTSD as a disability under the ADA and the WFEA is generally consistent and similar to the treatment of ADHD.
Navigating your eligibility for discrimination protection can be complicated in employment situations. At OVB Law & Consulting S.C., we have years of experience informing people of their rights under the ADA and the WFEA. Our skilled team of attorneys are well versed in state and federal employment laws and are ready to advise you of your rights. Call us today to schedule an appointment.
