Legal Question in Disability Law in New York

Re: Is Bipolar Disorder covered under the ADA?

While BiPolar Disorder is covered under the ADA, your question is more complex on its facts. The dispute will be whether or not the overlooking of the "incident" is warranted given the scope and nature of the job; how long the employee has held it; the satisfaction or quality of the work prior to the incident; and a host of other factors. I do not have enough information here to hazard a guess as to the outcome of any litigation on this matter, as stated above. BiPolar individuals are problematical, in the workplace because of the lack of understanding of their condition, and so are other PWDs with mental disabilities such as Turret's Syndrome, where you make utterances involuntarily and twitch...hard question as to reasonable accomodation.

Harold M. Weiner

Coles & Weiner, P.C.

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