Employers’ Rights and Responsibilities Regarding ADHD
Learning that a worker has ADHD raises challenging questions for employers, especially if an employee asks for accommodations.
- Are you supposed to overlook missed deadlines, because their condition makes it difficult for them to focus?
- Do you have the right to expect the same performance from ADHD employees as from everyone else?
- Is it ADHD discrimination in the workplace if you hold them to the same standards as the rest?
- What responsibilities do you owe an employee with ADHD?
Fortunately for you, there are some guidelines to follow. A number of laws around the globe provide general guidance about accommodating people with disabilities, including ADHD.
United States
The Americans with Disabilities Act
The Americans with Disabilities Act requires employers to make “reasonable accommodations” for people with disabilities, including ADHD. This law applies to all private businesses in the United States that employ more than 15 people.
That being said, an employee must do more than disclose an ADHD diagnosis in order to obtain protection under this law. Employees must also demonstrate how the disability substantially impairs one or more major life activities, and that they are otherwise qualified to perform the job.
This article explains the issues in more detail.
Rehabilitation Act, Section 504
Section 504 of the Rehabilitation Act applies to U.S. government agencies or any programs or activities that receive federal funding. The act prohibits discrimination against qualified employees who have physical or mental impairments. Like the Americans with Disabilities Act, Section 504 requires employees to demonstrate how ADHD substantially impairs one or more major life activities.
Both the ADA and Section 504 parallel each other in defining disability. However, there are differences in their function.
State and Local Laws
In addition to federal laws, U.S. employers may also find guidance by looking into relevant state or local nondiscrimination laws that may apply. This will help you understand and fulfill any legal responsibilities you may have toward an employee who has ADHD.
Canada
Ontario Human Rights Code
The Ontario Human Rights Code is a broad law providing equal rights and opportunities to people living within this province of Canada. It applies to the social areas of employment, housing, goods, facilities and services, contracts, and membership in unions, trade or professional associations. It also considers mental health issues and other “invisible” disorders, like ADHD, to be disabilities.
This brochure provides an overview for employees.
United Kingdom
The Equality Act 2010
The Equality Act 2010 gives people with disabilities the right to be protected from discrimination in employment. Employers must ensure that they do not discriminate against people because of a disability and without reasonable justification. There has been at least one court decision in which ADHD was not considered to be a disability under the act. That ruling was appealed in 2016.
This page provides additional guidance for employers.
Other Countries
We would like to include information about the legal rights and responsibilities employers have toward people with ADHD in other countries around the globe. This information will be added as it becomes available.
Resources on ADHD Discrimination in the Workplace:
You may also like
ADHD Workplace Accommodations Guide
What If I Suspect or Know an Employee Has ADHD?
2 Comments
Hello ,
I am looking for information regarding job discrimination. I am 59 years old , hold a BS degree ,have worked for my employer for almost eight years and have disclosed to them my ADHD condition. In the past few years I have applied for over a dozen new jobs with this company and for that I received one preliminary phone interview. I was notified today they will not by moving forward with me as a candidate for the position. This was an associate position. My current role is in customer service.
Due to the number of efforts on my part and being in the same position I was hired for in 2016 I want to explore whether or not this constitutes job discrimination. I have worked with my supervisor to at least be reassigned from my current account as it causes chronic stress for me. I have outlined for this supervisor in addition to another supervisor that took over as my immediate boss the issues and concerns I have dealt with in my current role. At this time neither of those supervisors are actively helping me or assisting in any way to address those concerns. In addition I have been working with two human resource employees on finding a new job. Again neither are currently doing anything actively to assist. One of the human resource employees has replied offering online resources and some limited information but at this point is not responding to my inquiries. I inquired about an accommodation for ADHD but that resulted in a few discussions about my needs and then was dropped.
I feel that I need help as I can’t continue in this role. I have reached a point where I can’t learn anything new in my current role and can’t earn any more in compensation. I have asked for raises on two occasions to meet cost of living increases and was denied both times. This is a large health care company with over a billion in profits yearly. My salary is around 50 K. I am needing a new job to learn more about the business , contribute to the company’s success at a higher level and to earn compensatory to that contribution. In the years I have worked here most of the employees who were at my level at that time have moved to better , higher paying jobs. I would like to stay with this company as they are quite successful and have many pro employee benefits.
I’m sorry to hear of your difficulties. ADDA’s mission is to provide information, resources and networking opportunities to adults with ADHD – unfortunately, we don’t provide legal services and don’t have any lawyers volunteering with us. My suggestion to you would be to seek the help of a disability lawyer who is familiar with ADHD. You can Google “Disability attorney” and your city or state to get the names of some lawyers near you.
Here’s a database of lawyers that may be a good starting place:
https://lawyerslistings.com/
Good luck and sorry we couldn’t be of more assistance to you.