Originally from Dispute Resolution Journal

The Americans with Disabilities Act has drawn new borders on the extent to which employers must accommodate workers who are disabled. In what may prove to be a veritable Pandora's Box for employers, those parameters may conceivably be expanded to include mental impairment as an underlying cause for excessive absenteeism. This may qualify an employee to be defined as disabled by the ADA. Such a situation presents a special challenge to arbitrators who must seek to balance the need to accommodate employees with disabilities and the right of employers to maintain an effective, reliable workforce.