Attention Deficit Disorder & ADA

mbeam · April 2007

We have a team member who is struggling to meet the expectations of her position. We have measurements in place for this particular role and this team member isn't at 40% of the goals after 10 months in the position. Meeting productivity goals was a concern in her previous role here as well (position was eliminated as the role become obsolete with technology changes).

She has been diagnosed with ADD and brought this up with her manager when discussion turned to not meeting expectations. We have asked if there are any accomodations that can be made and have enabled her to work OT and come in during the weekend but it hasn't seemed to help.

She has 6 weeks to improve her results. Any recommendations for things to look out for or accomodations to try if she isn't able to turn it around before we end up terminating?

drehil · April 2007

At a recent seminar I was referred to this site for accomodations....[url]www.jan.wvu.edu[/url], I have found it very helpful.

AnneHa · April 2007

Great website, drehil. Thanks for posting.

Anne in Ohio

mbeam · April 2007

Yes, thank you for the resource referral. Found good tips on other areas such as migraines.

Jonathan Mook · April 2007

“You have already taken the first step by asking the employee what accommodations she suggests will help her satisfy the job requirements. In most cases, the employee is able to come up with the best suggestions. Additionally, you may want to take a look at the EEOC’s publication, Questions and Answers About Persons with Intellectual Disabilities in the Workplace and the Americans with Disabilities Act, available at [url]http://eeoc.gov/facts/intellectual_disabilities.html[/url]. Although ADD is not an intellectual disability, some of the accommodations suggested by the EEOC in its publications may well be useful. One major problem that employees with ADD have in the workplace is workplace distractions, particularly if the employee’s work station is in close confines with other employees who are talking on the phone, talking with co-workers, etc. I am not sure about your situation, but you might consider asking the employee if she would like to relocate to a more quiet area of the workplace.

Additionally, a couple of other points come to mind: (1) reasonable accommodation under the ADA does not require reducing productivity goals and (2) the fact that an employee has been diagnosed with ADD does not necessarily mean that the person satisfies the definition of “disability” under the ADA. There have been a number of cases, most notably involving students, where the courts have held that persons with ADD are not protected under the ADA and are not entitled to reasonable accommodations.

Attention Deficit Disorder & ADA

Comments