The acronym ADHD stands for attention-deficit/hyperactivity disorder. This is a mental health disorder that is characterized by impulsive behavior and difficulty paying attention as well as other symptoms related to focusing or learning.
Typically, ADHD is considered a child or adolescent issue. However, ADHD does affect adults, although the symptoms may not be as clear.
ADHD can cause issues in many areas of an adult’s life, including:
- Social life
- Employment
- Family
ADHD in adults often makes their daily tasks difficult to complete. Adults who have ADHD can have trouble multitasking, remembering things, and prioritizing deadlines or work.
In order for ADHD to be classified as a mental disability, an individual’s symptoms have to be so severe that they interfere with their ability to perform major life activities, such as:
- Walking
- Taking
- Learning
- Working
- Other major functions
Having ADHD has been linked to an individual having poor work performance. Disputes in workplaces related to ADHD also commonly arise.
One of the most common workplace disputes related to ADHD is workplace discrimination. When a worker is treated differently than other workers because of their ADHD diagnosis, it can be workplace or employment discrimination.
The federal government, as well as most of the states, have enacted laws that prohibit organizations, governments, and private employers from engaging in discrimination against workers who belong to a protected class. A disability is a protected class.
ADHD is a medical disability and, therefore, protected. It is also considered a learning disability.
This means that, if a worker’s employer does not provide reasonable workplace accommodations to a worker with ADHD, it can be considered workplace discrimination. For more information on California ADHD and workplace discrimination laws, an individual should reach out to a California lawyer.
What Are Some Other Legal Issues Involved in Adult ADHD Lawsuits?
Adult ADHD lawsuits are often based on claims of workplace discrimination and wrongful termination. There may also be other legal issues that arise outside of an individual’s workplace.
This may include issues related to medical treatment, such as issues with ADHD medications or medical malpractice. Medical malpractice arises when a healthcare professional’s conduct results in injury or harm to their patient.
Specific examples of medical malpractice issues related to ADHD can include:
- Incorrect diagnosis
- Failure to diagnose
- Unreasonable delay in treatment after diagnosis
- Failure to property treat
- Failure to provide informed consent
Healthcare professionals may include nurses, doctors, and other licensed healthcare professionals. These individuals are held to a standard of care for the medical profession.
If any of these parties do not meet that standard, it can result in a finding of liability. To prove medical malpractice has occurred, a plaintiff must show the following:
- A relationship existed between the patient and the healthcare professional
- The healthcare professional was negligent in an aspect of treatment
- The healthcare professional failed to meet the standard of care
- The negligence of the healthcare professional caused an actual injuries to the patient
- The injury resulted in measurable damages, including:
- physical pain
- mental pain and suffering
- disability
- loss of income
An individual may also be injured by ADHD drugs and medication. This is a common basis for lawsuits related to ADHD.
Although these types of lawsuits can be based on several different legal theories, the most common are defective product claims and medication errors. Medication errors can result if the patient receives an incorrect prescription or medication or there is an error in administering the medication, such as errors in administration instructions or errors in dosage.
If the manufacturer of an ADHD drug does not inform patients of side effects or other issues that may arise when they take the drug, the manufacturer can face liability if the drug is deemed defective. To succeed in a defective product case, a plaintiff is required to show:
- The product had a defect that was dangerous and unreasonable
- That dangerous and unreasonable defect was the cause of the plaintiff’s injury
- The plaintiff was using the medication in the manner intended by the manufacturer
- The product was altered substantially from the way it was originally sold
A California lawyer can help an individual determine what on legal theories they can base their legal claim.
What Are Examples of Reasonable Accommodation in the Workplace for ADHD?
As noted above, employers have to provide reasonable accommodations to workers who have disabilities. The Americans with Disabilities Act (ADA) provides that individuals who have disabilities should have the same rights and opportunities as workers without a disability.
Reasonable accommodations under the ADA can include changes to the worker’s schedule, work environment, or procedures.
Examples of potential ADHD workplace accommodations may include, but are not limited to:
- Providing structured breaks
- Permitting the use of noise cancellation or white noise
- Uninterrupted work time
- Providing to-do lists
- Providing a private workspace
- Providing a quiet work space
- Using assistive technology, including calendars and timers
If an individual wants to find out more information on the accommodations they may be able to receive at their California workplace, they should have a legal consultation in California.
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What if My Rights Have been Violated Due to an ADHD Condition?
A worker’s rights may be violated due to their ADHD condition by wrongful termination or the denial of employment rights. Wrongful termination arises when a worker is terminated by their employer for reasons that are unjust, illegal, or against public policy.
Workplace discrimination and wrongful termination often occur simultaneously. If a worker is terminated because of their ADHD, they may have a legal claim for wrongful termination.
Denial of employment rights or benefits is another issue workers with ADHD may face. Employment rights are intended to protect the quality and safety of a work environment for both the worker and the employer.
Most employment rights are governed by federal laws, meaning there can be serious legal consequences for employers who violate these laws. When a worker’s rights have been violated based on their ADHD, they may be required to take certain steps before they can file a claim in court.
This can include filing a complaint internally at their workplace or filing a claim with the Equal Employment Opportunity Commission (EEOC). A worker may need to obtain a Right to Sue letter before they can file their claim in court.
If a worker’s rights have been violated by their employer, they may be able to obtain a monetary damages award to compensate them for their losses. A California wrongful termination lawyer can provide more information on potential claims and possible compensation.
How Do I File an Adult ADHD Discrimination Complaint?
If a worker is discriminated against in their California workplace because of their ADHD, it is important that they file a claim with the EEOC within 180 days of the alleged discrimination.
The EEOC will investigate the worker’s complaint. The agency will try to settle the issue between the worker and the employer if it determines that the complaint is valid.
If the EEOC cannot resolve the issue, they will provide a Right to Sue letter to the worker. The worker will then have a certain time to file their lawsuit in a court of law.
Do I Need an Attorney for Help With an Adult ADHD Lawsuit?
If you have experienced issues in your California workplace because of your adult ADHD, it is important to consult with a California discrimination lawyer as soon as you can. As noted above, there are specific time limits on filing complaints and lawsuits.
Your lawyer will review the facts of your case, determine the steps you should take going forward, and file a lawsuit on your behalf, if necessary. In addition, your attorney will represent you any time you appear before an agency or in court.
Wrongful termination and workplace discrimination cases involving medical conditions can be complex and require substantial proof from the worker. It only takes about 15 minutes for you to submit your California ADHD workplace concern on the LegalMatch website.
You will get messages from California lawyers in your area who are ready to help you resolve your workplace ADHD issue or dispute. Workplace issues can be very stressful, so let LegalMatch help you find legal support today!
