PTSD not Disability Under ADA
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Hamilton v. Southern Bell Telephone Company, 136 F.3d 1047 (5th Cir. 1998)
The Fifth Circuit found that Hamilton, who suffered only temporary impairment due to Post Traumatic Stress Disorder (PTSD), was not 'disabled' under the Americans With Disabilities Act (ADA). The court further noted that even if Hamilton's PTSD qualified as a disability under the ADA, Bell could fire him for violent outbursts associated with his condition without violating the ADA, because the ADA "requires that [the employer's] adverse employment action be taken because of [an employee's] disability," and Hamilton was fired for violating Bell's "policy on workplace violence.
© 1998 Paul, Hastings, Janofsky & Walker LLP
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