Answered on Dec 19, 2010
Clinical depression could be covered as mental impairment under the ADA in some circumstances. However, the determination hinges on whether a person is substantially limited in performing a major life activity, even when being treated.
Even if a person has a permanent condition, like clinical depression, if they can, through medications and therapy, perform major life activities without difficulty they may nonetheless not meet the ADA’s definition of “disability.”
It depends among other things on the extent of the condition and the type of the job, so there are a number of factors that would need to be discussed.
Since it is a case by case basis, you should be careful with it and should also contact an attorney if there are any negetive job consequences.
Timothy P. Brennan, Esq.
Croslis & Brenn an Law Offices
2030 Tilghman Street, Suite 203
Allentown, PA 18104