Unintended Consequences in Public Policy
Persons with Psychiatric Disabilities and the Americans with Disabilities Act
Bibliographic Data
| ID | 6328155 |
|---|---|
| Authors | Jean Campbell (corresponding author) |
| Year | 1994 |
| Volume | 22 |
| Issue | 1 |
| Pages | 133-145 |
| Publication date | 1994-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Policy Studies Journal (JOURNAL) |
| Journal identifiers | ISSN: 0190-292X • E-ISSN: 1541-0072 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1541-0072.1994.tb02186.x |
| OpenAlex | W1992726666 |
| Language | EN |
| Citations received | 5 |
| References cited | 7 |
This essay explores the occurrence of unintended consequences of public policy, particularly those embodied in the Americans with Disabilities Act (ADA) towards people diagnosed with mental illness. Rights to equal opportunity under the ADA are not inalienable. Two key provisions of the ADA allow employers to abridge those rights. While these provisions sound reasonable on the surface, this paper points out how they disproportionately affect people with psychiatric disabilities. The first provision is the direct threat exclusion, which exempts employers from the requirement to provide reasonable accommodation to a person with disabilities if that person poses a significant risk to the safety of others. Employers can exclude or fire qualified applicants or employees who potentially may pose a direct threat to the health or safety of other individuals in the workplace. The second provision is that employers must only accommodate the known disabilities of an employee or applicant. While these provisions address legitimate concerns, they may be abused and they may distract employers and policymakers from other underlying problems
Accommodation · Affect (linguistics · Criminology · Embodied cognition · Inclusion (mineral · Mental health · Mental illness · Political science · Psychiatry · Public policy · Reasonable accommodation · Unintended consequences · Child Welfare and Adoption · Healthcare Decision-Making and Restraints · Law · Mental Health Treatment and Access · Psychology · Social Psychology
Assessing Employment Discrimination Charges Filed by Individuals With Psychiatric Disabilities Under the Americans With Disabilities Act
The Social Construction of Personnel Policy
What about a Disability Rights Act for Canada? Practices and Lessons from America, Australia, and the United Kingdom
ADA to Ph.D.? The Americans with disabilities act and post-secondary educational attainment
Tradeoffs and Spillovers in U.S. Criminal Immigration Enforcement
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,18 |
| Citation span | 1998 - 2025 (28) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 5 |