Is depression covered by the ADA and FMLA?
Abstract: Did firing an employee who suffered from depression violate the Americans with Disabilities Act and the Family and Medical Leave Act? This article discusses why the Eighth Circuit decided that the employee hadn’t met other ADA requirements and also hadn’t given sufficient details about her depression to warrant triggering the FMLA. A sidebar discusses why the Eighth Circuit upheld a jury’s finding that a manager’s depression substantially limited his ability to think and concentrate, so his depression constituted a disability under the ADA. Rask v. Fresenius Medical Care, Battle v. United Parcel Service