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How does workplace discrimination apply to ADHD?

On Behalf of | Sep 11, 2023 | Discrimination And Harassment

Attention-deficit/hyperactivity disorder (ADHD) is a condition that numerous undiagnosed adults, employed or not, face daily in California. Even if you do manage to receive an official diagnosis from a medical professional, it still doesn’t give you the guarantee of workplace accommodations. This makes it crucial for adults with ADHD to understand how the ADA (Americans with Disabilities Act) covers them – and how it doesn’t.

Employers’ responsibilities and employees’ rights

For working adults with ADHD, it may feel like a fight to protect their right to have a job. Many employers must respect the rights of their employees with ADHD and make reasonable accommodations to allow these workers to continue their employment.

Any private company with at least 15 employees is required to make these accommodations. ADA compliance also applies to:

  • Employment agencies
  • Labor organizations
  • Joint labor-management committees
  • State and local government employers

There is no one-size-fits-all for ADHD

Each instance of alleged workplace discrimination must be dealt with on an individual, case-by-case basis. Every job is different and requires many individual tasks, and there are myriad varieties of ADHD.

It’s helpful to isolate the task or tasks the employee has the most trouble with. The more detailed they can be, the better. From there, they will attempt to determine why it’s a problem, what the barriers are, and how they might overcome them.

The particular ADHD symptoms the employee faces are also important to consider in workplace discrimination cases. From there, employers and employees can try to understand how the symptoms interact with the work tasks.

The ADA is there for countless workers with this condition. However, individuals still have to look out for themselves in many ways to determine whether or not they are being discriminated against. It might seem overwhelming, but you can run through a simple workplace rights checklist to keep things simple.