Unintended Consequences in Public Policy: Persons with Psychiatric Disabilities and the Americans with Disabilities Act

Abstract

This essay explores the occurrence of unintended consequences of public policy, particularly those embodied in the Americans with Disabilities Act (ADA) towards people diagnosed with mental illness. Rights to equal opportunity under the ADA are not inalienable. Two key provisions of the ADA allow employers to abridge those rights. While these provisions sound reasonable on the surface, this paper points out how they disproportionately affect people with psychiatric disabilities. The first provision is the direct threat exclusion, which exempts employers from the requirement to provide reasonable accommodation to a person with disabilities if that person poses a significant risk to the safety of others. Employers can exclude or fire qualified applicants or employees who potentially may pose a direct threat to the health or safety of other individuals in the workplace. The second provision is that employers must only accommodate the known disabilities of an employee or applicant. While these provisions address legitimate concerns, they may be abused and they may distract employers and policymakers from other underlying problems.