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Is Attention Deficit Disorder considered a disability? I am…

Is Attention Deficit Disorder...

Is Attention Deficit Disorder considered a disability?

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

I am not sure. It is a relative.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How does a person protect their employment with eeoc?

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Answered in 4 minutes by:
6/1/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, ADD and ADHD are disabilities under the ADA. With a diagnosis from a doctor, either would fit into the ADA. To protect ones job from termination and to request reasonable accommodations, an employee just needs to take a diagnosis from their doctor along with some recommendations from that doctor on what sorts of accommodations would help the employee in the workplace.

The employer is supposed to then engage in a collaborative effort with the employee to identify reasonable accommodations.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 2 months ago
Does my diagnosis from my doctor have to be recent? I was diagnosed a few years back and I currently see a psychiatrist locally every three months to talk and renew my prescriptions.

An employer can ask that it be reasonably recent. Furthermore, you'll need recommendations of accommodations from a doctor, so a recent discussion is probably best.

You don't need an official diagnosis though....just something from the medical expert saying that it is still present and can use accommodations in "x,y,z" ways.

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Customer reply replied 2 months ago
Ok, thank you for your consultation. I'll take my current schedule to my doctor so that he can write down three or so accomodations to help me function successfully at work.
Customer reply replied 2 months ago
Do you have any more advice for me?

I would inform the employer as soon as possible, even before you see the doctor. That puts them on notice and gets the issue on record. Let them know you want to talk reasonable accommodations after meeting with your doctor.

It moves up the protected window for you.

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Customer reply replied 2 months ago
Tomorrow my boss was asking for my resignation, how can I postpone this in order to see my doctor, etc. first. He said in a meeting that he would need my letter on the last day of work or he would contact HR and have our professional relationship severed. He mentioned that this wouldn't look good for future employment.
Customer reply replied 2 months ago
Oh, ok. That sounds good.

In the future, you should raise this issue with employers before accommodation is needed and the workplace situation is deteriorating.

Take care.

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Customer reply replied 2 months ago
I did inform them of my situation and they suggested using alarms on my phone. I did this an things improved but not to their satisfaction. They suggested no other ideas other that resigning.

Understood. Proceed as I have suggested. If the employer doesn't back down, file a complaint with the EEOC. It is a government agency that actually investigates discrimination claims.

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Customer reply replied 2 months ago
Understood. Thank you for your advice. I will definitely use it.
Customer reply replied 2 months ago
I have emailed my boss asking for an extension in order to see my doctor and get documentation of my ADHD diagnosis and some reasonable accommodations to help me perform better in my job. Thank you! *****

Take care.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
Verified
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