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ADD and ADHD Workplace Discrimination

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What are ADD and ADHD?

ADD stands for “Attention Deficit Disorder”.  This is a condition marked by issues with concentrating or focusing on one idea for prolonged periods of time.  It is sometimes considered to be a learning disorder.  In the past years, many different medications have been created and marketed with the intention of relieving ADD symptoms and promoting concentration.

Similarly, ADHD stands for “Attention Deficit Hyperactivity Disorder”.  This includes issues with over-activity, impulsiveness and inattentiveness, along with the inability to concentrate.  One characteristic symptom of ADHD is difficulty in sitting still or remaining seated for prolonged periods of time. 

For children, diagnosing ADD and ADHD involves various exams which test the child’s behavior and compares it to others of similar age and development.  ADD and ADHD are also being diagnosed in adults more and more, and it can lead to various issues in the workplace. 

What is ADD and ADHD Workplace Discrimination?

ADD and ADHD workplace discrimination occurs when an employer discriminates against an employee due to their ADD or ADHD symptoms.  This can occur in relation to various aspects of employment, including hiring, training, promotions, benefits, and termination.  The Americans with Disability Act prohibits discrimination on the basis of various categories, including “Disability”. 

If a person has been discriminated against on account of a disability, they may have various rights after losing a job, depending on the facts of their claim as well as state/federal laws.

So is ADD or ADHD Considered a Disability?

One problem with ADD and ADHD is that there is much contention as to whether it is actually considered a “disability”.  Some employers would not like to admit that ADD or ADHD are disabilities, and may be willing to fire or not hire a person simply because they have stated that they have adult ADHD. 

In order for ADD or ADHD conditions to be classified as a “disability” for legal purposes, the symptoms need to be serious enough to limit the person’s “major life activities”, which includes working and learning.  As there are various degrees of ADD and ADHD, some people’s conditions may not be enough to warrant employment discrimination protection under the ADA, or similar acts such as the Individuals with Disabilities Act.

If you suspect that you have been discriminated against on account of your ADD/ADHD condition, you may be entitled to file a lawsuit.  You may receive legal remedies such as a damages award, or you may be reinstated to your previous position.

Do I Need a Lawyer for ADD and ADHD Workplace Discrimination Claims?

Employment discrimination is a serious matter, as one can lose benefits, promotions, or even their job due to such conduct.  You may wish to hire a lawyer if you have ADD or ADHD and believe that you may have been discriminated against due to your condition.  Your attorney can assist you in determining your legal rights, and can help you file a lawsuit if necessary.

Photo of page author Jose Rivera

, LegalMatch Legal Writer

Last Modified: 11-09-2017 12:56 AM PST

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