Borderline Personality Disorder (BPD) is a mental health condition characterized by patterns of instability in moods, behavior, self-image, and overall functioning. This instability often manifests in intense emotional fluctuations and difficulty maintaining stable relationships. The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment.
The Americans with Disabilities Act Definition
The ADA’s definition of “disability” is a legal standard, not a medical one. To be covered, an individual must have a physical or mental impairment that “substantially limits one or more major life activities.” The law also protects those with a record of such an impairment or those who are “regarded as” having one. Mental impairment is broadly defined to include psychological disorders, which encompasses personality disorders.
The ADA Amendments Act of 2008 (ADAAA) broadened this definition, making it easier for conditions like BPD to qualify. The ADAAA clarified that “substantially limits” should be interpreted less restrictively. Furthermore, the determination of a substantial limitation must be made without considering the effect of mitigating measures, such as medication or therapy.
How BPD Meets the Substantial Limitation Standard
BPD generally qualifies as a disability under the ADA when its manifestations impair a major life activity. Symptoms such as severe mood changes, chronic feelings of emptiness, and challenges controlling anger directly impact daily functioning. These symptoms can substantially limit major life activities recognized under the ADA, including concentrating, thinking, interacting with others, communicating, and working.
The instability in interpersonal relationships significantly restricts the major life activity of interacting with others. Emotional dysregulation and impulsivity can also impair concentration and clear thinking, which are essential for many job functions. If BPD causes severe functional limitations, the condition meets the ADA’s standard for a covered disability.
Requesting and Implementing Reasonable Accommodations
An employee with BPD who qualifies as disabled under the ADA is entitled to “reasonable accommodations” to perform the essential functions of their job. The employee initiates this process by informing their employer of the need for an adjustment due to their medical condition. The employer and employee then engage in an “interactive process” to determine an effective and appropriate accommodation.
Accommodations for BPD often focus on managing environmental stress, providing structure, and supporting emotional regulation. Examples include flexible work hours for therapy appointments or a modified work schedule to address symptom volatility. Other adjustments might involve providing a quieter, private workspace or changing supervisory methods, such as receiving written instructions and feedback instead of purely verbal communication. An employer must grant a reasonable accommodation unless it would cause an “undue hardship.”
Limits on ADA Protection for Workplace Conduct
While the ADA protects individuals from discrimination based on the disability itself, it does not excuse misconduct in the workplace, even if the behavior is related to the disability. Employers can enforce conduct standards that are job-related and consistent with business necessity, such as rules against violence, threats, or consistently poor attendance.
An employer is not required to tolerate disruptive or threatening behavior that poses a “direct threat” of significant harm to the health or safety of the individual or others. If an employee’s BPD-related conduct violates a uniformly applied workplace rule, the employer can take disciplinary action, including termination, as long as the rule is applied equally to all employees. However, some courts have acknowledged that a reasonable accommodation might involve adjusting a rigid rule to address disability-related conduct, provided it does not fundamentally alter the job or create undue hardship.