Adult attention-deficit/hyperactivity disorder (ADHD) is a mental health condition that afflicts adults. The symptoms may be such characteristics as difficulty paying attention, hyperactivity and impulsive behavior. Adult ADHD can lead to unstable relationships, poor work performance, low self-esteem, and other issues. Medication and psychological counseling may be used to treat an adult with ADHD.
An individual who has ADHD has a right to receive reasonable accommodations at work and Is protected from discrimination by the federal Americans with Disabilities Act (ADA), which is enforced by the Equal Opportunities Commission (EEOC).
Adult ADHD may have started in an individual’s early childhood and continued into adulthood. However, sometimes an individual’s ADHD is not diagnosed until they become an adult. Adult ADHD symptoms may be the same as or similar to those experienced by children who have ADHD. Hyperactivity may lessen, but an adult may continue to be challenged by impulsivity, restlessness, and difficulty paying attention.
The Texas Commission on Human Rights Act also requires employers in Texas with 15 or more employees to provide reasonable accommodations to job applicants and employees with disabilities, unless such an accommodation would be an undue hardship for the employer. This aligns with federal law.
- An employer may consider the cost of an accommodation and the availability of alternate accommodations in determining if an accommodation would impose an undue hardship on them.
- Courts would not make an award of damages to an employee if their employer can show that they have made a good faith effort to accommodate an employee with a disability. A good faith effort would include discussion with the employee and efforts to provide an equally effective accommodation for them even if it is not exactly the one that the employee may have suggested.
A legal consultation in Texas with a Texas lawyer would give an employee more information about Texas law regarding disabilities, such as ADHD and workplace discrimination.
What Are Some Other Legal Issues Involved in Adult ADHD Lawsuits?
An individual who has ADHD may find that it affects their ability to do their job and they need some accommodations to be successful in the workplace. In order to be entitled to reasonable accommodations, an employee must inform their employer that they have ADHD. The employer cannot be liable for failing to provide accommodations if they do not know that an employee has ADHD.
An employer or prospective employer may not ask an applicant or employee if they have ADHD or about their medical or psychiatric history in general. However, an applicant or employee may request reasonable accommodations for the hiring process. If the applicant’s need for accommodation is not obvious, an employer may ask them for some documentation of their disability. They may want to discuss the accommodations that the applicant believes they need.
Generally a doctor’s note confirming the ADHD diagnosis and noting the accommodations that could be helpful satisfy the requirement.
It is important to understand that the employer is not entitled to review the employee’s complete medical records, just what is needed to verify a diagnosis of ADHD and the need for the employee to have accommodations.
If an employer were to respond to a request for accommodations by engaging in workplace disputes about the request or by firing an employee, then the employee would have cause to sue for wrongful termination and workplace discrimination.
What Are Examples of Reasonable Accommodation in the Workplace for ADHD?
For someone with ADHD, here are some examples of what reasonable accommodations might look like at work:
- Having a dedicated, quiet workspace in which to work
- Using noise-canceling headphones in work areas that are noisy
- Taking frequent short breaks rather than longer more infrequent ones
- Using calendars, timers, and other time management tools
- Having job duties divided up into smaller tasks with shorter deadlines
- Extending deadlines for larger or more difficult projects
- Working from home sometimes or during different work hours
- Working with a monitor or mentor for accountability
- Discussing expectations and performance with bosses more often than other employees might discuss these issues.
Although every employee with a disability is entitled to reasonable accommodations at work, there are limits. An accommodation should not be overly disruptive or burdensome to the business. It should not otherwise cause the employer undue hardship.
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What if My Rights Have Been Violated Due to an ADHD Condition?
The ADA does not specify a period of time within which an employer must respond to an employee’s request for accommodation. However, according to the Equal Employment Opportunity Commission (EEOC) employers must act as quickly as possible in response to a request for accommodations.
The EEOC is the federal agency responsible for enforcing the employment provisions of the ADA. The EEOC recommends that an employer engage with the employee in an interactive process to identify and agree on accommodations and then provide the agreed-upon accommodations.
The EEOC has said that unnecessary delays on the part of the employer can constitute violations of the ADA.
If an employer ignores an employee’s request for an accommodation, the employee’s first step should be to make sure that their request was received and understood. An employee should put their request in writing and address it to their immediate supervisor and their company’s HR department if there is one. They should refer to the ADA and the fact that it entitles them to reasonable accommodation for their disability.
While ADA law may not require an employee to be so explicit, the employer might not understand its obligations or might not have clearly understood that the employee is making an ADA request.
If the employer does not respond after discussion and does not provide accommodations, then the employee may have to file a complaint with the federal EEOC and possibly a lawsuit in a Texas civil court in order to assert their employment rights.
How Do I File an Adult ADHD Discrimination Complaint?
If an employer denies an employee’s request for accommodations, they might appeal the decision within their company. This would assume, of course, that the employer has an in-house appeal process. If such a process exists, then an employee would want to pursue it. An employee can check their employee handbook or contact HR to see if the employer has a policy in relation to this type of process.
Of course, it is important to remember that the federal ADA and Texas law only apply to employers with 15 or more employees. If an individual works for an employer with fewer employees, they may find it more challenging to win reasonable accommodations.
If the employer does not offer an appeal process, an employee might try going up the ladder of management to ask for a formal reconsideration of the denial. If the employee is a union member, they might get support from a union representative. State and local government employees might contact their ADA coordinator for assistance. Federal employees might contact the EEO Counselor at their agency to learn about an internal agency appeal process.
Before filing a complaint in court, an employee must file a claim of discrimination against their employer with the EEOC. The EEOC contacts the employer and asks them to participate in a mediation.
If the dispute cannot be resolved by the EEOC, the EEOC may give the employee a right to sue letter, which allows them to file a lawsuit in a civil court of law.
Do I Need an Attorney for Help With an Adult ADHD Lawsuit?
If you have ADHD and need help getting the accommodations you need at work, you want to consult a Texas discrimination lawyer.
LegalMatch.com can connect you to a lawyer who can advise you about how to best work with your employer to get reasonable accommodations. If that does not produce the desired result, how to file a claim with a government agency or possibly even a lawsuit if that should be necessary.
