Attention Deficit Disorder

Gar

I have heard that Attention Deficit Disorder is not covered by the Americans with Disabilities Act. Is such the case?

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 05-22-01 AT 12:53PM (CST)[/font][p]ADA and EEOC regulations do NOT specify that any particular medical condition (physical or psychological) is or is not a disability under ADA. Conditions get identified as a disability in specific cases, as required by the law and EEOC regulations. When a court rules on an ADA case of an individual, it may decide whether or not the medical impairment in THAT case constitutes a disability under ADA for THAT individual. Remember, ADA requires fact-specific, individualized assessments. Thus a medical impairment may not be considered a disability for one individual but may be for another because the bottom line criterion -- "a medical condition that significantly limits one or more major life activities" -- is or is not met.

Regarding "ADD", courts have held both under the 1973 Rehabilitation Act (the precursor law to ADA applying to federal agencies, contractors and recipients of federal funding) and ADA that learning disabilities in particular cases are qualifying. Whether it would be the case for any particular individual, again, depends on the facts and whether the criterion is met.

System

It all depends. Below is an excerpt from an article in the members-only area of HRhero.com. In that case, the employee's ADD did not qualify as a disability, but it all depends on the individual situation. Search in the Newsletter Archive for the full article: "The candy man can't (recover on his ADA claim)" Mississippi Employment Law Letter, March 2000.

[blockquote]"The determination of whether an employee has an ADA disability must be made on a case-by-case basis, considering any mitigating measures (such as medication).

"So don't panic if an employee reports that he has a mental impairment like ADD that may be a disability. Simply follow this employer's example by exploring accommodations, providing those that are reasonable, and following your progressive discipline program as you would with any other employee." [/blockquote]

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]