Comment Re:barking up wrong tree (Score 1) 218
Once they're hired into a position the employee can document their illness (they don't have to tell the employer ahead of time) with the employer, then the employer is required to make reasonable concessions. There is an exemption in the case of undue hardship (this is the employer's responsibility to prove to the court) and the employee must still be able to perform his essential duties.
Firing someone because their mental illness is interfering with their ability to perform their essential duties isn't protected under the ADA because it isn't discrimination. If any one employee doesn't do their job, then they would also be fired: the person isn't being terminated because they have a mental illness, but because they can't do their job.
For instance, a stock boy with social anxiety may request reasonable concessions to not perform cashier or clerking duties on the front end. He is still perfectly able to stock the shelves.