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Answers to tricky HR questions: Disability for employees who claim ADD?

by February 13, 2009 8 Comments

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):

  1. What can’t you do?
  2. 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.

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  • N. V.

    Who doesn’t have a touch of ADD?

  • Larry

    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.

  • candace caggiano

    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.

  • Scott

    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.

  • Charles

    N.V., your ignorance of the disorder makes you look like a pompass fool. You would be well advised to educate yourself on the disorder or keep your thoughts to yourself. “It is better to remain silent and be thought a fool, rather than open your mouth and prove it”.

  • N.V.

    I’m very sorry it was taken as an insult. It was not meant that way. I too have been diagnosed with ADD. My son was being tested 12 years ago and as they asked him questions I was thinking yes to most the answers and found myself also in the same boat as him. My point was many many of us struggle with distractions taking over our over scheduled, multitasking to the max, busy days. If I didn’t keep ALL my appointments and tasks listed in my Outlook I would never get through a week. When I talk to family and coworkers it just seems to be extremely common for most of us to land somewhere on the continuum between those who just find themselves just being messy and those who struggle in many different areas of their lives. Sorry if I offended.

  • VERY Busy HR MGR.

    I know that this is a little late to respond.

    However, N.V. I totally understand where you are coming from. I do not have any type of disability, but with all the things that I need to do during the day I get text messages constantly to remind me that this task/event is on my calendar.

    I sync my outlook calendar to my google account so that it can send me text messages to remind me as many as 5 times that something needs to be done or a meeting needs to be met.

    I have been tested for ADD/ADHD, and have been told that there is nothing there by way of this disability.

    But believe you m, if it is not in my calendar I will forget about it.

  • http://HRmorning tese robert

    Ihave a friend who is a compulsive gambler. Her counslerwants her to go to a 35 day core progam, where she can’t leave the premises. Can she draw her short term disiabilty from her work.