Smaller employers can more easily establish undue hardship because they have fewer resources. The ADA is being misused by people alleging mental and neurological impairments. Just as the ADA excludes people with temporary physical problems, so does it exclude people with mild or short-term mental health problems. Neurological impairments are conditions or diseases involving the nervous system, including the brain, spinal cord, ganglia, nerves and nerve centers. ADA charges indicate that there is significant discrimination against persons with neurological impairments.
Psychiatric impairments involve a biological, social or psychological dysfunction.
Individuals with psychiatric disabilities have traditionally been subjected to discrimination, not because they are unable to successfully perform job duties, but because of myths, fears and stereotypes associated with such impairments. The ADA is rigid and requires businesses to spend lots of money to make their existing facilities accessible. The law recognizes that altering existing structures is more costly than making new construction accessible. Inexpensive, easy steps that can be taken include ramping one step, installing a bathroom grab bar, lowering a paper towel dispenser, rearranging furniture, installing offset hinges to widen a doorway, or painting new lines to create an accessible parking space. The law does not require any measure that would cause an undue financial or administrative hardship.