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EEOC shows more interest in psychiatric disabilities

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WASHINGTON—A recent Equal Employment Opportunity Commission hearing on intellectual and psychiatric disabilities signals the agency's increased interest in this area, with a more aggressive enforcement stance expected to follow, attorneys say.

At last month's hearing, EEOC commissioners heard testimony about the low employment rate among people with intellectual and psychiatric disabilities, as well as concerns about discrimination against them, among related issues.

The hearing's timing dovetails with the release last month of final regulations for the Americans with Disabilities Act Amendments Act, which significantly expands what qualifies as a disability. The regulations, which revise the 1990 ADA, take effect May 24.

Ashley Kasarjian, an associate with law firm Snell & Wilmer L.L.P. in Phoenix, said the hearing “shows that the EEOC is making the employment of individuals with mental or intellectual disabilities a priority, so it should signal to employers that this is one of the areas the EEOC is paying particular attention to.”

If allegations of barriers for people with mental disabilities come up, “you can bet the EEOC is going to be taking a close look” at it to see if this is a charge it wants to pursue, she said.