Now, do not get me wrong. This is not a knock at the Americans with Disabilities Act (ADA). It is a reminder of how badly Congress writes laws and then allows an incompetent bureaucracy to administer and enforce them.
When George Bush signed the ADA, he might have thought that most of the discrimination complaints would come from those who were deaf or blind or wheelchair bound. However, the most claims come from those claiming back problems (the tort lawyer’s dream come true).
Nor could he have imagined that the definition of disability under the law is so broadly interpreted as to include drug and alcohol abusers.
Then, since Congress did not properly define a mental illness (schizophrenia, manic depression, severe depression obsessive compulsive disorder and generalized anxiety disorder), Bill Clinton’s Equal Employment Opportunity Commission has so broadly interpreted the law that the following disorders now constitute a mental illness and this is how the employer might be required to deal with it.
Narcissistic personality disorder: Give the employee a mirror so they can look at themselves all day.
Sex addiction: Watch porno films during a coffee break.
Here is another, equally ludicrous, possibility. An individual with a sex addiction, who can not be fired under ADA, is also a sexual harasser and creates another type of discrimination lawsuit against the company.
The EEOC advises employers that they should be understanding of workers who are chronically late, who exercise poor judgment or who display hostility to fellow workers –because those traits may be linked to mental impairment. Here is an act that is no longer a possibility, it is a reality.
This type of unreasonable mandate creates unproductive businesses and puts our country in a position where we can only compete worldwide in the lawsuit category.