Answers to tricky HR questions: Disability for employees who claim ADD?
February 13, 2009 by Jim GiulianoPosted in: Answers to tricky HR questions, Behavior, Disability discrimination, Employment law, In this week's e-newsletter, Latest News & Views, policies
Our team of experts fields real-life everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: What are the rules on employees who claim attention deficit disorder (ADD) as a disability?
Question:
Does attention deficit disorder (ADD) qualify as a disability? If so, how far does a company have to go to accommodate someone with ADD?
Answer:
Each case has to be considered separately, says employment attorney Jonathan Segal, but ADD is often regarded as a disability.
Two questions to ask an employee with ADD (after,
of course, getting medical documentation of the condition):
- What can’t you do?
- What do you want us to do to accommodate you?
Employers don’t have to change job requirements and standards to accommodate a disability. So if the person says he or she can’t meet deadlines because of the condition, and meeting deadlines is part of the job, that could be grounds for termination. But if the employee says, “I can do the job (and meet deadlines) but I need a quieter workspace, a different computer, etc.,” the company must decide if such steps would be reasonable.
Tags: ADD, attention deficit disorder, disability
February 16th, 2009 at 4:08 pm
Who doesn’t have a touch of ADD?
February 16th, 2009 at 4:23 pm
The ADA meant well, but now just about everything qualifies as a disability, it has become a farce. Sex offenders qualify, kleptomaniacs, arsonists, cosmetically challenged, ad nauseaum.
I’m tired of trying to find ways to “accomodate” when most of these specious disabilities are just looking for a payday.
February 16th, 2009 at 4:28 pm
It’s not that everyone may have a touch of add… The question is, does ADD/ADHD need to be diagnosed by a doctor to qualify as a disability?
I have been diagnosed with ADHD and its much different than most understand. I also worked at a college that specializes in ADD/ADHD and LD’s only, and its really misunderstood by those without it, as to the effect it has on one’s life and work challenges.
I have not yet asked for any accomodations and I am the HR Coordinator for my company. I’ve been lucky enough, so far, to be able to work through my challenges. Others may not be so lucky, but the ranges of challenges with ADD/ADHD are wide, so I too believe each case would need to be considered separately, and well documented as to decisions, so as to avoid discrimating.
September 9th, 2009 at 1:38 pm
I have an extreme case of Adult ADD. I constantly forget things and I also have trouble staying on tasks. I even had a problem where I was let go from my Job due to a communication error on my part. Can they fire me over this? The error was not hidden and I explained that I missed a couple of details on the notes given and also there was a policy in place that stated that maintenances are not to be done during the work day, but I didn’t think that it was a maintenance issue, but rather an issue that needed to be dealt with right away.