EEOC guidance on psychiatric disabilities: many problems, few workable solutions

The EEOC recently issued "Enforcement Guidance" on psychiatric disabilities under the Americans with Disabilities Act. Although the Guidance provides clarification of a few issues involving mental disabilities under the ADA, in most respects the Guidance is problematic. For example, the Guidance suggests that the inability to get along with a supervisor or coworkers may constitute a disability under the ADA, that an employer may have to "accommodate" a disabled employee's misconduct, that an employer cannot require an employee to follow doctor's orders as a condition of employment, and that an employer may be obligated to modify work rules and procedures to accommodate a mentally disabled employee but is prohibited from explaining to coworkers why it is making such modifications. As the EEOC's Guidance exceeds or conflicts with the ADA in some respects and is largely unworkable in many respects, it remains to be seen how many courts will actually follow it.     

Mental disabilities under the ADA: a management rights approach

While numerous sources have focused on employee rights and employer obligations under the Americans with Disabilities Act, this article will emphasize employer rights with respect to mental disabilities under the ADA. Specifically, it addresses the ADA's definition of "mental disability," the right of employers to screen job applicants in spite of the ADA, the conditions under which an employer may require an employee to undergo a "fitness for duty" examination, and the limits of the duty to "reasonably accommodate" an employee with a mental disability.     

Pacifists and Revenge-Seekers in Response to Unambiguous Peer Provocation

In order to better understand why some children retaliate when they feel provoked and others do not, the present study identified “pacifistically-oriented” children who made negative interpretations in response to unambiguous provocations, yet did not endorse revenge goals, and compared them to “revenge-seeking” children who also made negative interpretations but did endorse revenge goals. Groups were identified based on seventh graders’ (N?=?367; 54.77% male; 22.89% racial/ethnic minority) responses to hypothetical situations in which a peer excluded and insulted them. Comparing these groups revealed that Pacifists endorsed relationship-maintaining goals and emotion regulation goals more highly than Revenge-Seekers. Revenge-Seekers reported more anger and endorsed beliefs about negative reciprocity and aggression being legitimate more highly than Pacifists. Additionally, Revenge-Seekers were more disrespect sensitive than were Pacifists, based on a measure of vigilance for signs of disrespect and expectations that others would disrespect them. Together these findings point to social-cognitive and emotion-related processes that may inhibit revenge-seeking in unambiguous provocation situations, even when children interpret the peer’s behavior quite negatively.     

B. Reviews

THE CAMBRIDGE HISTORY OF ARABIC LITERATURE. Volume 1: Arabic Literature to the End of the Unayyad Period. Edited by A.F.L. Beeston, T.M.Johnstone, R.B.Serjeant and G.R.Smith, pp.xvi, 547. Cambridge University Press, 1983. £37.95.

AL‐MAQRIZI'S “BOOK OF CONTENTION AND STRIFE CONCERNING THE RELATIONS BETWEEN THE BANU UMAYYA AND THE BANU HASHIM”. Translated into English, with an introduction and commentary by C.E.Bosworth. (Journal of Semitic Studies, Monograph No.3), Manchester, Department of Near Eastern Studies, University of Manchester, 1980. pp.157.

ARABIC CULTURE THROUGH ITS LANGUAGE AND LITERATURE. By M.H. Bakalla. London, Kegan Paul International, 1984. pp.371, 51, plates, maps.

ARABIC LINGUISTICS: AN INTRODUCTION AND BIBLIOGRAPHY. By M.H. Bakalla. London, Mansell, 1983. pp.742.

LA RELATION DE THOMAS PELLOW: UNE LECTURE DU MAROC AU 18^e SIÈCLE. By Magali Morsy. (Synthèse No.12), Paris, Editions Recherche sur les Civilisations, 1983. pp.254, 17pl. FF.129.

ESPANA Y EL NORTE DE AFRICA: EL PROTECTORADO DE MARRUECOS (1912–56). By Victor Morales Lezcano. Madrid, Universidad Nacional de Educacion a Distancia, 1984. pp.249. Photos., maps, diagrams. 600.00 ptas.

EGYPT AND THE PALESTINE QUESTION 1936–1945. By Thomas Mayer. Berlin, Klaus Schwarz Verlag, 1983. pp.391 (paperback).

SUDAN. By M.W.Daly. (World Bibliographical Series, Vol.40.) Oxford (UK) & Santa Barbara (USA), Clio Press, 1983. pp.xvi, 176, 1 map. £19.50.

THE OTHER FACE OF OPEC: FINANCIAL ASSISTANCE TO THE THIRD WORLD. ENERGY RESOURCES AND POLICIES OF THE MIDDLE EAST AND NORTH AFRICA. By Ibrahim F.I. Shihata. London, Longman, 1982. pp.281 (paperback).

DEVELOPING EDUCATION SYSTEMS IN THE OIL STATES OF ARABIA: CONFLICTS OF PURPOSE AND FOCUS. By J.S.Birks and J.A.Rimmer. (Occasional Papers Series, No.21: Manpower and Migration Series, no.3). University of Durham, Centre for Middle Eastern and Islamic Studies, 1984. pp.33. E2.50.

BIBLIOGRAPHICAL GUIDE TO IRAN: THE MIDDLE EAST LIBRARY COMMITTEE GUIDE. Edited by L.P.Elwell‐Sutton. Sussex, The Harvester Press/New Jersey, Barnes & Noble Books, 1984. pp.462.

ARABISCHE UND PERSISCHE PRIVATURKUNDEN DES 12. UND 13. JAHRHUNDERTS AUS ARDABIL (ASERBEIDSCHAN). By Monika Gronke. (Islamkundliche Untersuchungen, Bd 72), Berlin, Klaus Schwarz Verlag, 182. pp.555.

MYSTICISM AND DISSENT: SOCIORELIGIOUS THOUGHT IN QAJAR IRAN. By Mangol Bayat. Syracuse, N.Y., Syracuse U.P., 1982. pp.xvii, 228. $25.00.

SOCIAL DISINTEGRATION AND POPULAR RESISTANCE IN THE OTTOMAN EMPIRE 1881–1908: REACTIONS TO EUROPEAN ECONOMIC PENETRATION. By Donald Quataert. New York, Columbia U.P., 1983. pp.xxii, 205. $45.50.