To be covered by the ADA, an individual with ADHD must work in a setting that employs more than 15 people. Individuals with episodic conditions, such as epilepsy, diabetes, or multiple sclerosis are protected if their impairments are considered disabling in their “active” state.ĭo ADA protections apply to all workers with ADHD?.Other measures, including assistive technology, reasonable accommodations, services such as a sign language interpreter, or learned behavioral or adaptive modifications also don’t disqualify someone for ADA protections.But ordinary glasses and contact lenses are not covered by this section. The use of mitigating measures – medications, mobility devices, hearing aids, cochlear implants, and prosthetics - do not disqualify someone for protection under the ADA.So, someone can have difficulty with work tasks and qualify for ADA protection, even if they can handle tasks at home. Someone can be disabled in one major life activity without being disabled in all activities.The ADA should be interpreted broadly, in favor of providing protections to individuals.The 2008 ADA Amendments ACT – the ADAAA – now provides the following: This was not what Congress had intended when it first passed the law, so it amended the ADA to clarify that it should be broadly applied and to change the “legal environment in which individuals must demonstrate an inappropriately high degree of functional limitation in order to be protected from discrimination under the ADA.” Supreme Court, initially applied the ADA quite narrowly. Whether you view ADHD as neurological - affecting how the brain concentrates or thinks - or consider ADHD as a disability that impacts working, there is no question that the ADA covers individuals with ADHD.Ĭourts, including the U.S. There is also a separate section of the ADA that further discusses what is included in the definition of disability under the law by listing the bodily systems that are affected, which include: “neurological brain systems…” Is ADHD covered by the ADA?
WORK ACCOMMODATIONS FOR ANXIETY MANUAL
The ADA is essentially a civil rights law that prohibits discrimination against individuals with “a physical or mental impairment that substantially limits one or more major life activities of such individual.” The law goes on to state that “major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, bending, speaking, learning, reading, concentrating, thinking, communicating, and working.” The original version of the ADA was passed by Congress in 1990 and was amended in 2008 to expand and clarify its application. The most important legal protection for workers with ADHD is the federal Americans with Disabilities Act, or ADA. Though our work lives have shifted dramatically since 2020, one thing hasn’t changed: the workplace protections for individuals with attention deficit hyperactivity disorder (ADHD) stipulated in federal, state, and local laws.
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