November 14, 2011
The Impact of DSM Revisions on Labor/Employment Laws
the debate about the [proposed] changes is a good thing to keep an eye on because although inclusion of a condition in the DSM-IV has not been completely synonymous with coverage under various employment laws, the courts have often looked to it for guidance. Among others, the changes in the DSM-V could impact Americans with Disabilities Act claims (is the plaintiff disabled, what is a reasonable accommodation, etc), Family Medical Leave Act claims (does plaintiff suffer from a serious illness) and workers compensation laws (does plaintiff have an illness and was it caused by work).
David's post is extensive, discusses several of the proposed changes, and is worth a close read.
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Be aware that the Connecticut Fair Employment Practices Act actually defines "mental disability" by reference to the most recent version of the DSM, so the folks who are making these changes are actually legislating employment law for Connecticut.
Posted by: Hugh Murray | Nov 15, 2011 5:24:28 AM