Attention deficit hyperactivity disorder (ADHD) is a mental health disorder that makes it difficult to pay attention, control impulsive behaviors, and be overly active. ADHD often begins in childhood and can persist into adulthood. Adults with ADHD may have trouble managing time, being organized, setting goals, and holding down a job. However, ADHD is a recognized medical condition under the Americans with Disabilities Act (ADA). This means employees cannot legally be fired solely because of an ADHD diagnosis. Employers are required to provide reasonable accommodations that allow an employee with ADHD to perform their job duties successfully.
What are the symptoms of ADHD in adults?
Adults with ADHD exhibit symptoms in two main categories: inattention and hyperactivity/impulsivity.
Inattention symptoms include:
- Difficulty paying attention to details
- Making careless mistakes
- Problems listening when spoken to directly
- Struggling to follow instructions
- Disorganization and forgetfulness
- Inability to finish tasks
- Losing or misplacing things
- Getting easily distracted
Hyperactivity/impulsivity symptoms include:
- Fidgeting and restlessness
- Difficulty sitting still
- Extreme talkativeness
- Rushing through activities
- Acting without thinking
- Interrupting others frequently
- Difficulty waiting for a turn
The symptoms must be chronic and ongoing, not temporary or situational. They also must negatively impact the person’s ability to function in their daily life and work.
At what age is ADHD usually diagnosed?
ADHD symptoms typically appear between the ages of 3 and 6. Many children are diagnosed during elementary school when hyperactivity, impulsivity, and inattention frequently cause problems academically and behaviorally. However, some individuals are not diagnosed with ADHD until adulthood. They often realize they have had ongoing struggles with organization, productivity, focus, or impulsive behavior their entire life. Between 2-5% of adults are estimated to have ADHD. Getting diagnosed later in life allows people to better understand themselves and get treatment.
What are reasonable accommodations for employees with ADHD?
Under the ADA, employers must make reasonable accommodations for employees with disabilities to help them perform essential job functions. Often only simple adjustments are required. Common accommodations for ADHD include:
- Providing written or pictorial instructions for tasks
- Allowing the use of headphones or white noise to reduce distractions
- Granting additional time to complete assignments
- Permitting use of electronic aids like smart watches or apps
- Breaking large assignments into smaller tasks
- Adjusting start or end work hours to accommodate medication schedules
- Letting the employee work from home 1-2 days a week
- Providing a quiet workspace or office to reduce noise
- Offering a flex-time schedule
- Changing fluorescent lighting to natural light
Can my employer deny accommodations for ADHD?
In some cases, yes. Employees are entitled under the ADA to reasonable accommodations, not necessarily their preferred accommodation. Employers do not have to provide accommodations that would impose an undue hardship such as significant difficulty, expense, or workplace disruption. However, the company must be able to justify why the requested accommodation would be overly burdensome. Common reasons accommodations could be denied include:
- Too expensive for the size and resources of the company
- Disruptive to workplace operations or other employees
- Changes an essential job duty
- Lowers quality or production standards
- Causes health or safety risks
If an accommodation is denied, the employer must engage in an interactive process to determine if there is an alternative accommodation that does not impose undue hardship.
When can an employee with ADHD be terminated?
Employees with disabilities like ADHD cannot be fired simply for having a diagnosis or needing accommodations. However, they can be terminated for the same performance issues or misconduct as other employees. Reasons an employee with ADHD could be fired include:
- Poor job performance not related to the disability
- Excessive tardiness or absenteeism
- Policy violations or inappropriate conduct
- Falsifying work documents or timesheets
- Insubordination
- Releasing confidential information
- Unsatisfactory completion of job duties after accommodations
- Threats or violence toward coworkers
- Theft, dishonesty, or violation of the law
However, the ADHD diagnosis cannot be the cause of termination if with accommodations the employee is capable of performing the essential functions of the job.
Can I be fired for poor performance due to ADHD symptoms?
Employers should not fire employees solely because ADHD symptoms like forgetfulness, disorganization, or distraction cause work problems. These challenges are often exactly why a person with ADHD needs accommodations. However, consistently being unable to meet performance standards even with accommodations can still be grounds for termination.
The key is determining whether poor performance is truly unconnected to ADHD struggles. Firing someone when extra support or adjustments could rectify ADHD-related performance issues is considered discrimination under the ADA. An employer needs to demonstrate that termination is based on the poor performance itself, not the disability. Proper documentation should be kept on performance concerns.
What should I do if I’m being discriminated against at work because of ADHD?
If you feel you are experiencing discrimination related to ADHD:
- Document all incidents of possible discrimination including dates, times, who was involved, and witnesses.
- Report discrimination to your human resources department and supervisor immediately.
- Consult with an employment lawyer about your rights and options.
- File a complaint with the Equal Employment Opportunity Commission (EEOC).
- Find out if your employer provides mediation or arbitration services to resolve disputes.
- Ask for reasonable accommodations in writing if you haven’t already.
- Communicate regularly with your employer about your job performance.
What evidence would prove wrongful termination due to ADHD?
To prove being fired over ADHD was wrongful and discriminatory, important evidence includes:
- Documentation of your diagnosis and symptoms.
- Proof you disclosed your ADHD disability to the employer.
- Records of requesting reasonable accommodations for ADHD.
- Documentation of satisfactory job performance with accommodations.
- Positive performance reviews, awards, or pay raises.
- Detailed timeline of events leading up to termination.
- Witness statements in support of discrimination.
- Communications related to your termination reason.
- History of disciplinary actions or performance warnings.
- Discriminatory statements made by decision-makers.
- Success with similar job duties at another employer.
What are the potential remedies if I win an ADHD discrimination lawsuit?
Remedies available if you prevail in a wrongful termination lawsuit based on ADHD discrimination include:
- Reinstatement – Getting your job back.
- Back pay – Recouping wages lost due to termination.
- Front pay – Projected future lost earnings.
- Compensatory damages – Financial compensation for emotional distress.
- Punitive damages – Money awarded to punish the employer.
- Attorney’s fees – Compensation for your legal costs.
Remedies granted depend on the specifics of each case. Talk to an employment lawyer to understand your rights in your situation.
Key Takeaways
- ADHD is a recognized disability protected under the ADA. Employees cannot be fired solely for having ADHD.
- With reasonable accommodations, employees with ADHD must still meet performance standards.
- Employers should provide appropriate accommodations to help employees with ADHD succeed.
- Poor job performance related to unaccommodated ADHD is unlawful grounds for termination.
- Keep detailed records if you feel you are terminated as a result of disability discrimination.
- Consult an attorney to understand your options if you have been fired based on your ADHD.
Conclusion
ADHD can significantly impact an individual’s ability to function at work. However, the ADA protects the rights of employees with disabilities and employers have a legal obligation to provide reasonable accommodations. An employee cannot simply be let go because of an ADHD diagnosis or related challenges. With the right support, many people with ADHD can thrive and excel at their jobs. Take action if you feel your termination is unfairly related to ADHD discrimination rather than actual poor performance or misconduct. There are legal remedies available to fight wrongful firing and promote equal employment opportunities.