ADD Legal Issues

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 What Is ADD?

“Attention Deficit Disorder” is what ADD stands for. This syndrome is characterized by signs like:

  • Difficulty focusing on a single notion, theme, or topic
  • Being easily distracted, particularly in a learning atmosphere or at school
  • Several challenges related to learning

The acronym for ADHD stands for attention-deficit/hyperactivity disorder. Overactivity, impulsivity, attention deficit disorder, inability to focus, and difficulty sitting still or maintaining sitting for extended periods of time are challenges that fall under this category.

The mental health condition called ADHD is defined by symptoms related to learning or attention. The disorder is typically seen in children or adolescents. However, ADHD does afflict adults as well, even if the typical symptoms might not be as obvious in them. A person with ADHD may experience problems in their home, social, or professional lives.

Daily chores are challenging for adults with adult ADHD. An illustration of this would be how someone with adult ADHD might be forgetful, unable to prioritize tasks or deadlines or struggle with multitasking.

It is crucial to remember that symptoms must be so severe that they impair a person’s ability to carry out essential living functions in order for adult ADHD to be classified as a medical handicap. Walking, talking, working, learning, and other major functions are just a few examples.

ADD is typically identified as a learning condition in young children, but in recent years, it has also been identified in adults.

ADHD, or Attention Deficit Hyperactivity Disorder, is a comparable condition. Symptoms of this illness include a high level of activity and restlessness.

Adult ADD has frequently been a contributing issue in legal disputes like job discrimination.

What Legal Issues Relate to ADD?

Attention Deficit Disorder has come under criticism in recent years, both in the medical and legal fields. Given that ADD can range in severity from mild to severe, some people disagree that it is a real medical problem.

However, attention deficit disorder is now frequently the subject of legal issues in a variety of contexts, including:

  • School: Numerous lawsuits have been filed because of how ADD-affected kids and students are treated. For instance, certain ADD kids could require special education or extra help with schoolwork.
  • Work: It’s typically forbidden to discriminate against employees due to adult ADD or adult ADHD. To qualify as a “disability” under state and federal criteria, ADD symptoms must be severe enough.
  • Medication/Faulty Medical Care Injuries: Various ADD and ADHD medications have been released on the market in an effort to improve attention and concentration. Some of these drugs are being abused and becoming addictive because they are being utilized improperly. Legal concerns can also result from faulty pharmaceuticals.

Due to the fact that ADD has only recently been recognized, the opinion of a medical expert is frequently indispensable in most ADD-related disputes. Additionally, the plaintiff must demonstrate that their ADD (or the treatment they received as a result of ADD) caused quantifiable harm in order to be awarded damages or other legal remedies. That is, hypothetical or unreal damages cannot be compensated in a legal proceeding.

What Is Workplace Discrimination Against ADD and ADHD?

It has been proven that ADD and ADHD are related to subpar work performance. Discrimination in the workplace against people with ADD and ADHD is regrettably one of the most frequent workplace conflicts. Workplace or employment discrimination may occur if a person is treated poorly or less favorably than other employees merely because they have been diagnosed with ADD or ADHD. This discrimination would violate the rights of people with ADD and ADHD in the workplace.

The majority of states and the federal government have passed laws that forbid private businesses, associations, or governments from treating workers who are members of a protected class differently. Adult ADHD is categorized as a medical handicap and is thought to be a protected class (or, more commonly, a learning disability). As a result, it may be deemed workplace discrimination if an employer does not make appropriate accommodations for an employee who has adult ADHD.

Harassment against people with ADD and ADHD can happen in connection with several workplace processes, including hiring, training, promotions, benefits, and termination.

Is ADD or ADHD a Disability, Then?

The diagnosis of ADD and ADHD is problematic since there are no established standards for what constitutes an impairment. Given that ADD and ADHD are learning disorders, some companies will not recognize them as disabilities. As a result, they might be likely to reject an otherwise qualified applicant or terminate them if they admit to having adult ADHD or ADD.

For legal reasons, ADD or ADHD disorders must be “severe enough” to restrict a person’s capacity to engage in their principal life activities. This comprises both working and learning, as was already mentioned. Unfortunately, there are different degrees of ADD and ADHD; thus, some individuals’ diagnoses might not be sufficient to qualify for protection from employment discrimination under the Americans with Disabilities Act (ADA) or comparable laws.

The following is how the ADA defines “disability”:

  • An illness or condition that significantly reduces one’s ability to perform major life activities or bodily functions;
  • Even if it is not recognized as a medical disability, a history of impairment;
  • A circumstance that makes someone “considered as having a disability.”

What Should I Do If My Rights Have Been Infringed Because of ADD/ADHD? How Do I Complain About Discrimination Against People With ADD and ADHD at Work?

Knowing your employment rights and what to do if your employer has infringed those rights is crucial if you have ADD or ADHD. ADD and ADHD-related wrongful termination lawsuits have increased in frequency.

Denial of work rights or benefit denial is another ADHD discrimination concern. The purpose of employment rights is to safeguard everyone’s safety and the standard of the working environment. Generally speaking, employment rights are governed by federal statutes and laws. As a result, violating these rights could have substantial legal repercussions for both companies and any affected employees.

A person may be compelled to submit a petition for remedies with the Equal Job Opportunity Commission (“EEOC”) if their employment rights have been infringed because they have ADD or ADHD. In order for the EEOC to look into the complaint, it must be filed within 180 days of the claimed discrimination.

If the EEOC’s inquiry concludes that there is good reason to believe the facts in the complaint are accurate, they will make an effort to reach a resolution with the parties concerned. The EEOC will probably issue a notice of right to sue if that attempt fails. The victim of discrimination may then bring legal action based on workplace harassment.

Do I Require Legal Assistance With ADD Issues?

The significant disorders of ADD and ADHD frequently result in numerous legal problems and disagreements. You might want to engage a discrimination attorney if you believe your rights have been violated because of ADD or ADHD.

If you need to file a lawsuit, your attorney can assist you with your claim and represent you in court. An attorney on LegalMatch can help you solve your legal problems and defend your rights if they have been violated. Use LegalMatch to find the right lawyer for your needs today.

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