Psychiatric Disability Opinions in ADA and New York Employment Cases

Stephan M. Carlson, MD, MBA, FAPA · Civil Psychiatric IME

A psychiatric disability opinion in an employment case turns on translation: from diagnosis to the essential functions of a specific job. The same psychiatric condition may matter differently under the ADA, the New York State Human Rights Law, and the New York City Human Rights Law. The standards are not identical Under the ADA, disability includes a physical or mental impairment that substantially limits one or more major life activities. The ADA Amendments Act directs that this definition be construed broadly. It also requires that episodic conditions be assessed as they would function when active and that substantial limitation be evaluated without regard to most mitigating measures, incl

Most relevant service: Civil Litigation IME & Damages Causation