Concannon on Mental Disability and the ADAAA
Just out: James Concannon, Mind Matters: Mental Disability and the History and Future of the Americans with Disabilities Act, 36 Law & Psychol. Rev. 89 (2012). The abstract:
This Article examines the history of protections afforded individuals alleging mental disabilities under the Americans with Disabilities Act of 1990, and the protections such individuals will receive under the ADA going forward in light of the ADA Amendments Act of 2008, which substantially amended the ADA. The Article specifically focuses on Title I of the ADA, which governs discrimination in employment against individuals with disabilities. While the Article concludes that it is reasonable to suspect that coverage for potential Title I ADA plaintiffs alleging mental disabilities will be broader post-Amendments Act, it also finds that it is unclear whether individuals with such disabilities will experience the same increase in coverage as those alleging physical disabilities will likely enjoy. This potential divergence stems from the lack of amendment of particular provisions of the Act that have disproportionately disqualified individuals with mental impairments from coverage, and from the continuing stigma attached to mental disabilities.