View Full Version : Is this discrimination?


acdc01
10-21-16, 08:20 PM
Is this discrimination? When you've disclosed to your company so your company knows you have ADHD. But the employee who's treating you worse due symptoms of your disability doesn't know you have ADHD.

Little Missy
10-21-16, 08:32 PM
In a flip-flopped sort of way-ish.

john2100
10-21-16, 08:33 PM
Is this discrimination? When you've disclosed to your company so your company knows you have ADHD. But the employee who's treating you worse due symptoms of your disability doesn't know you have ADHD.

If you disclosed your occupation it would make more easier to answer.

acdc01
10-21-16, 08:36 PM
If you disclosed your occupation it would make more easier to answer.

why does that make a difference? Sorry, can't disclose as I don't really want to put too many details in this thread for fear of identification. Would ask my lawyer but forgot to do so and don't want to pay him more for a simple question.

john2100
10-21-16, 08:44 PM
why does that make a difference? Sorry, can't disclose as I don't really want to put too many details in this thread for fear of identification. Would ask my lawyer but forgot to do so and don't want to pay him more for a simple question.

It kind of tricky to answer without knowing your occupation , how specifically it is effecting your duties and if your employer knew about your disabilities before hiring you .

Are you being discriminated against because you are not able to perform your job on a level as expected from non adhd people? Or the discrimination that happens is non work related.

john2100
10-21-16, 08:50 PM
Also your salary , your position will have a weight on a case being taken by a lawyer. Regardless if there is or isn't discrimination. If you aren't making too much money , i doubt there is a lawyer who would be interested .
It would have to border with abuse rather then discrimination due to ADHD.

What outcome would you want from the lawsuit?
-a financial compensation or just stopping the abuse.

acdc01
10-21-16, 09:01 PM
Also your salary , your position will have a weight on a case being taken by a lawyer. Regardless if there is or isn't discrimination. If you aren't making too much money , i doubt there is a lawyer who would be interested .
It would have to border with abuse rather then discrimination due to ADHD.

What outcome would you want from the lawsuit?
-a financial compensation or just stopping the abuse.

The abuse happens even though my performance is good.

I don't really care about a lawyer being interested in my case - I've actually already spoken to one and forgot to ask this one question. Don't even care about financial compensation or just stopping abuse. I just want to know if it is legally considered discrimination.

I guess I'm sounding a bit difficult but like I said, I just don't want to divulge too much.

ToneTone
10-21-16, 09:01 PM
Employers are not required to be kind to people with ADHD. And I don't know that they're required to tell an ADHD person's direct supervisor about your condition. In fact, your company might consider that information private.

If you have disclosed at work, I am assuming you talked to human resources and you filed paperwork, etc. Well, then you can go to human resources and find the answer to this question.

Are you seeking an accommodation of some sort?

You might find a supervisor you previously worked with and approach that person and ask for guidance on how to handle this new supervisor (assuming this particular supervisor is new).

Tone

john2100
10-21-16, 09:02 PM
You should probably post it on a lawyers forum and give them more details and occupation ,position , length of employment, if you ever talked about it with employer etc .There are too many variables .You can change your occupation and just tell them something similar and change length of employment and other little details if you are really worried . Based on the very limited info you have provided its impossible to answer if you have a case.

john2100
10-21-16, 09:06 PM
"The abuse happens even though my performance is good."

Could you give one specific example of one instance of abuse?


Also HR should deal with it, that's what most lawyers will suggest first anyway.

acdc01
10-21-16, 10:52 PM
Also HR should deal with it, that's what most lawyers will suggest first anyway.

One thing all ADHDers should be aware of is that HR IS NOT YOUR FRIEND. I actually did talk to a lawyer already (just forgot to ask this one question).

Lawyer actually prepped me on how to not fall for HRs traps in finding a loophole so that they don't have to compensate you for the discrimination. HR is there to protect the company, not you.

Most important thing if you want to tell your company you've been discriminated against is to HIRE A LAWYER before you talk to them. You should actually hire them the moment you suspect you are being discriminated against so they can teach you how to best document the discrimination against you in case you ever want to sue/ask for compensation.

As far as the abuse type, just imagine it is an abuse that would clearly be defined as discrimination if the person knew I had ADHD. The detail just isn't important here.

Hopefully someone knows the answer, if not, I might recontact my lawyer though every moment costs money and this question isn't actually all that important for various reasons I'd rather not mention. So it's more just curiousity on my part. I just really want to know the answer.

namazu
10-21-16, 11:41 PM
I don't think anyone here can give you a firm legal answer.


That won't stop me from opining, with absolutely no relevant expertise:

If your coworkers are hassling you for, say, getting up from your desk frequently, or needing to write things down, or wearing headphones all the time, or whatever...
...and you have neither disclosed your disability to them, nor informed your supervisor or HR that you are being hassled by coworkers and requested that the supervisor or HR step in on your behalf...
...then, no, you may be being bullied, but you are not being discriminated against in any kind of actionable way.

Assuming they're not in a position of authority over you, and you don't want to call in authority figures, it would seem to me that your options include:
- ignoring them,
- explaining to them that they can mock your style all they want, but you find that it helps you do excellent work, or
- telling them to mind their own damn business.

EDIT: Some potentially-useful information from the EEOC (excerpted):
Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
[...]
Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
[...]
The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.
[...]
The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.
[source:https://www.eeoc.gov/laws/types/harassment.cfm]

acdc01
10-22-16, 12:53 AM
Thanks namazu. Your eeoc quote answered my question.

Sad, I had actually looked at that website myself but it was so dry, I was having difficulties reading and must have skipped that part. Yet if I was trying to help someone e else on this forum, I think I could have been motivated enough to find it myself.

Adhd sucks. Glad this forum exists though.

aeon
10-22-16, 01:06 AM
Based on the language of the opening post, no, it is not.


Cheers,
Ian

acdc01
10-22-16, 01:18 AM
Based on the language of the opening post, no, it is not.


Cheers,
Ian

It was based on the last paragraph namazu quoted from the eeoc. My supervisor knew about it and did nothing which you wouldn't have know from my opening post.

Thanks.

sarahsweets
10-22-16, 03:20 AM
Is this discrimination? When you've disclosed to your company so your company knows you have ADHD. But the employee who's treating you worse due symptoms of your disability doesn't know you have ADHD.

The employee you disclosed to is guilty of being an as*hole, not sure if its discrimination.

Unmanagable
10-22-16, 09:26 AM
It seems the way the laws are written, the discrimination would be based on a person in the workplace mistreating you after knowing of your disability. I may be translating it incorrectly, though.

If I remember correctly, you said you shared the info with your boss, but not your co-workers, so I'm thinking it would be a grey area from the legal end of things, at the least.

If that co-worker is interfering with your right to receive accommodations, then it may create a different scenario altogether.

http://www1.eeoc.gov//laws/types/disability.cfm?renderforprint=1


Edited to add: Oops....just read the first page where the link has already been shared. lol Great minds think alike. And so do ours. Hahahahahaha!!

WheresMyMind
10-24-16, 06:16 PM
Is this discrimination? When you've disclosed to your company so your company knows you have ADHD. But the employee who's treating you worse due symptoms of your disability doesn't know you have ADHD.

Not that I can tell....what I see is that there's an employee treating you badly, and that's wrong no matter what, so deal with that person directly and if that doesn't work, then that person's boss, and if that doesn't work, then HR. I wouldn't even bring ADHD into the discussion.