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.