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... major life activity' of the individual? A yes' answer to either question means that the employee's condition is probably protected. Workers suffering from general stress because of job or personal life pressures would not be considered disabled. However, if they are diagnosed by a psychiatrist as having an identifiable stress disorder, their impairment may qualify as a disability. Employer Rights Even with the many restrictions, companies still have some flexibility to investigate an applicant's background thoroughly. A firm can avoid hiring problem employees by evaluating the candidate's application, interview ... be substantial, and-when a mental or emotional disability is involved-the employer must identify the specific behavior on the part of the individual who poses a direct threat. The Equal Employment Opportunity Commission that administers the ADA suggests that employers look for guidance on this issue from a health-care professional with training in the disability in question. CONCLUSION A company's ability to defend its actions regarding erratic behavior or evidence of mental or emotional illness is improved if, before firing an affected employee, the company makes a good-faith effort to make a reasonable accommodation for the ... condition. The employer stands a better chance of defending itself against an ADA-related employee complaint if it can show that despite its efforts to accommodate the disability, the troubled employee was still unable to perform the essential tasks associated with the job. Stephen Linzer is the managing attorney of the Phoenix, AZ firm of Linzer & Ditsch, PC, which assists business and property owners with transactional, litigation and corporate legal needs. This article was reprinted with permission from the Risk Management Letter, published by Griffin Communications, Inc. ...

... this issue from a health-care professional with training in the disability in...