Is there an attorney out there that can tell me if ADHD is considered a "disability" covered under the ADA?

Question

I have a diagnosis of ADHD. I have an admin position is a major insurance company/Bank in the Repo dept. My job is so involved, detailed, a lot of computer work with different screens, software, database, getting titles, sending units out for repo. I can only do about 1/2 of the work that the other 2 admins can do. I've been written up and got bad evaluations so far. I have the lowest rating. The Company turned down my request through the Americans with Disability Act, saying that ADHD is "not" a disability. In my job, it is. I've done great at every other job. If I'd known this job was so involved, I would not have taken it. I have no chance at advancement or even a raise. I got NO raise last year, which has never happened before. I applied for a different position over a month ago, but I don't know if I got it or not. If I had that job, I'd do a lot better. I need to know if ADHD is a DISABILITY. Can someone please help me with this? Thanks

Answer 1

Hi -

ADHD is not considered a disability under the ADA at this time, but even if it were, the company only has to make "reasonable accommodation" for disabilities. They do not have to allow someone to continue in a job in which they are not performing (regardless of the reason.) They do not need to remove substantial duties from the position, although they might be required to remove non-essential job functions and assign them to someone else.

You may want to consider finding another job that more closely suits your skills and/or speaking with a doctor about medication that can help control your condition. Good luck.

Answer 2

They finally signed it! It's been floating out there for a while now! It won't affect me at all as the only change it made was limiting service animals to dogs. I'm ok with it. From the research I've done, for the mini horses used, the working lifestyle isn't conducive to the life the mini horses need. The monkey's caused a lot of problems in public and even the programs that trains them only does so for home placement. As for "service" snakes...don't get me started. ETA: I just read the whole thing. It does make a prevision to allow mini horses. What I particularly like is that it reinforces the validity of work and spells out that service dogs are exempt from local breed bans! On requiring testing: I'm glad that they don't require it because the number of people qualified to properly administer and judge such a test is very few, and those tend to be concentrated in areas where there are programs. There entire states, like mine, were there isn't anyone qualified to administer such a test. Also, what would the test require? Service dogs for people who live in big cities have a different skill set necessary than those that live in rural areas. Besides, if a service animal isn't behaving properly, they can be removed from the place of business. So, its not like businesses are held hostage to faker SDs. It would create many more problems for the disabled than it would solve.

Answer 3

I'm not a lawyer, but I am familiar with the ADA. There is no definitive list of disabilities, but rather a general definition that you must fit in order to qualify as having a disability.

"A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or is regarded as having such impairment." (EEOC, 1992)

Unfortunately, if you want to get fair treatment at your workplace under the ADA, you are probably going to have to go to court, which is expensive and time-consuming. Also, there is no guarantee that the case will be judged in your favor. I honestly recommend that if you are not transferred to an alternate position that you consider finding another job. Good luck with everything.

Answer 4

ADHD is deemed a learning disability (see Resource #1 below).

Or call the ADA Information & Technical hotline at 800 - 514 - 0301.

Here is a site I found that offers some answers to your question: http://add.about.com/od/addadhdintheworkplace/a/ada.htm

Good luck!

Answer 5

i don't know, it could possibly be, but if it is, i don't agree with it.