ADD Forums - Attention Deficit Hyperactivity Disorder Support and Information Resources Community  

Go Back   ADD Forums - Attention Deficit Hyperactivity Disorder Support and Information Resources Community > ADULTS AND ADD/ADHD > Careers/Job Impact
Register Blogs FAQ Chat Members List Calendar Donate Gallery Arcade Mark Forums Read

Careers/Job Impact This forum is for adults to discuss how AD/HD affects work and career.

Thread Tools Display Modes
Old 03-28-17, 10:32 PM
Letching Gray Letching Gray is offline

Join Date: Dec 2016
Location: Miami
Posts: 937
Thanks: 1,278
Thanked 684 Times in 400 Posts
Letching Gray has much to be proud ofLetching Gray has much to be proud ofLetching Gray has much to be proud ofLetching Gray has much to be proud ofLetching Gray has much to be proud ofLetching Gray has much to be proud ofLetching Gray has much to be proud ofLetching Gray has much to be proud of
Re: Legal Issues, Employment, Privacy and ADHD

When does ADHD count as a protected ‘disability’?

Do you have employees who are easily distracted, restless, disorganized and forgetful? Maybe that’s just who they are—or maybe they’ve been diagnosed with Attention Deficit Hyperactivity Disorder (ADHD).

It’s pretty common. About 8 million adults in the United States suffer from it. It’s an “invisible” disability, but one court recently said employers shouldn’t be so fast to discount it. A disability is a disability … whether you can see it or not.

Case In Point: Dr. Robert Lewis worked in the University of Pittsburgh Medical Center emergency room. He told the ER chief that he thought he had ADHD and asked to be accommodated by seeing only one patient at a time.

The chief denied his request and formally put Lewis on probation because he was “impaired and distractible.” Lewis was also required to undergo a psychological evaluation. Subsequently, Lewis was diagnosed with ADHD.

The hospital asked his treating doctor to provide “as much information as possible.” Lewis’ doctor said confidentiality requirements prohibited him from proving all info, but he offered to respond to specific questions. The hospital never followed up.

Soon after, Lewis was terminated for allegedly failing to provide a letter from his psychologist about his ADHD diagnosis, failing to park in the doctors’ parking lot and having unsigned paperwork for more than 30 days.

Lewis sued under the Americans with Disabilities Act (ADA), saying the hospital had a duty to accommodate his ADHD behavior.

The result: The court sided with Lewis and sent the case to a jury, saying Lewis showed enough evidence that the hospital regarded him as disabled and fired him because of his ADHD.

The court also rejected the hospital’s defense that it fired Lewis because he didn’t provide enough medical info, saying, “Disabled employees, especially those with psychiatric disabilities, may have good reasons for not wanting to reveal every detail.” (Lewis v. UPMC Bedford, W.D. Pa., 3/30/09).
Reply With Quote
The Following 2 Users Say Thank You to Letching Gray For This Useful Post:
ginniebean (03-29-17), VoxPopuli (04-03-17)
Old 04-03-17, 03:10 AM
VoxPopuli VoxPopuli is offline

Join Date: Mar 2017
Location: Florida
Posts: 50
Thanks: 84
Thanked 39 Times in 24 Posts
VoxPopuli has a spectacular aura aboutVoxPopuli has a spectacular aura about
Re: Legal Issues, Employment, Privacy and ADHD

It's interesting that the company physician was able to diagnose ADHD, it's a bit tricky unless it is suspected...

After another ADD related incident, I believe the management team for the company I work for has decided there is "something" wrong with me that causes small, repetitive, mistakes in judgement. I had to face 3 angry executives wanting to know what could have POSSIBLY motivated an employee with 15 years experience, who has been a top-performer - to do something so dumb (actual question). I wanted to say something, but my experience told me to apologize and move on...until they told me that "actions, no matter how unintended, have consequences..." Said that while they were convinced I was not intentionally insubordinate, "someone" on the senior staff had taken it that way - so I was issued a written reprimand. I believe this was A) to scare me into THINKING before I say/type anything, make an unpopular/unfiltered public statement B) the first step in "documentation" process.

I've never disclosed that that I have ADD, it's been the career killer. I've been unmedicated for a very long time - but lately it's been harder to focus, easier to make judgement errors, and has me in a tight pickle...especially now that my employer knows I crossed the age 50+ age barrier. I think they may be trying to make the case that my mental "dexterity" has, while the case noted above seems to give me hope, the law's vagueness surrounding the interpretation of terms such as "necessary accommodation" and "restriction of duties" has me concerned.

I'm not sure how long I have, but corporate America isn't really invested in waiting for the courts to figure out restrictions & accommodations. I appreciate the posts like this - I'm keeping track like never before.
Reply With Quote
The Following User Says Thank You to VoxPopuli For This Useful Post:
ItsaRose (05-28-17)
Old 05-04-17, 01:53 AM
snjyds's Avatar
snjyds snjyds is offline

Join Date: May 2016
Location: American MidWest
Posts: 33
Thanks: 11
Thanked 27 Times in 16 Posts
snjyds is on a distinguished road
Re: Legal Issues, Employment, Privacy and ADHD

Originally Posted by namazu View Post
No, an employer doesn't have to hire someone with a disability, even if they're qualified, but they can't discriminate against them because of the disability, either. That said, proving discrimination on the basis of disability (when there may be a lot of qualified applicants for a position) tends not to be easy in a lot of cases.
A small part of my situation is something like this. I work mostly from home. I requested reasonable accommodation in the form of a phone call or email prior to monthly meetings. The head of my department agreed to it. It amounted to something as simple as calling me on my cell home, or a friendly email reminder, about 10 times a year. That is all!

Unfortunately, later on the head didn't even bother to follow up. I never received any reminder whatsoever. I attended about 7/10 meetings that I remembered, but as no accommodation was provided, I missed the other meetings.

When I applied for promotion, the head, in the recommendation letter, simply listed my failure to attend meetings regularly. The board (quite unaware of the situation) declined my application for promotion, on that basis!
I've tried day dreaming, but my mind keeps wandering...
Reply With Quote
The Following 3 Users Say Thank You to snjyds For This Useful Post:
Fuzzy12 (05-04-17), ItsaRose (05-28-17), namazu (05-04-17)
Sponsored Links


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Coincidence of ADHD and Creativity Nova General ADD Talk 44 10-25-16 01:55 AM
ADHD Symptoms or Lack of Respect? PandoraBoxx Non-ADD Partner Support 77 03-02-14 06:44 PM
Adderall schedule, timing, privacy, and lifestyle copperpenny Adderall 12 08-19-11 06:24 PM
Adderall withdrawal HELL !! after 6 years Mee Adderall 144 07-24-11 04:19 PM

All times are GMT -4. The time now is 04:48 AM.

Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
(c) 2003 - 2015 ADD Forums