John M. Casey


The ADA fails to address behavior disorders in general and phobias in particular. This Comment proposes that the EEOC take two actions. First, the EEOC should pass administrative rules that settle the question of which standards to use in determining whether an individual is mentally impaired. Second, and more impor tantly, the EEOC should issue interpretive guidance that acknowledges the burdens facing persons with hidden behavioral anomalies and phobias, and gives these persons additional help under the Act. Part II of this Comment describes the ADA generally. It explains the Act's purpose and summarizes the Act's legal requirements. Part III describes the legal requirements for bringing a mental impairment case under the ADA. Cases decided under the Rehabilitation Act of 1973 are used to illustrate the legal hurdles that face an ADA plaintiff and to provide guidance as to how similar cases would be decided under the ADA. Finally, Part IV of this Comment examines some of the pragmatic concerns of employers and employees regarding persons with hidden disorders and proposes that the EEOC take steps to ameliorate the treatment of such persons under the ADA.