Does ADHD Qualify for Disability Job Protection under Disability Act

Here is an excellent question that a lot of people with ADHD are searching for the answer to.

I'm currently under scrutiny in my job--and may potentially lose it within a month's time. I was officially diagnosed by a clincal psychologist with ADD/ADHD when I was 32. Do I have any protection under this?

Brad, U.S.

Brad,

I'm sorry to hear about your situation. I found myself in the same situation as you. You may have read about it on the congress disability act page.

I didn't like the job or most of the people I worked with so I was happy to walk away from it. When I did that, I found a job that I enjoyed very much.

I also was out of work for a month and created www.adhdAwareness.com.

Back to you.

Does your ADHD qualify for disability job protection? It is a very difficult situation to answer. If you read about ADHD and the Disability Act on my website, you will see that the rules are not clear and you may be more confused after you read them.

It is not fair!

Some people qualify under the act and others don't. It is up to some one's discretion, but I don't know who that is. If it is a local judge, than that means it is up to each judge to decide in every city. That means nothing is uniform. One judge can say yes to you while another says no, unless they base it off of previous court rulings.

This is really something that only a lawyer can consult you on. You do have a disability and under most circumstances, they have to help accommodate you. If you have a job where it is dangerous and you have a disability that limits what you can do at your job, it may be a hazard for you and the company. This would present a different situation.

What they can or can't do in that situation, I am not sure. Find a local attorney that can talk with you about the ADA (Americans with Disabilities Act). They are the ones that can tell you if you have any chance or maybe they will just say walk away from the situation.

The next determining factor is what country you live in. I don't know what the laws are for disabilities in countries other than the U.S.

How Can ADHD qualify for disability job protection?

You could talk to the HR department of the company you work for and see how that goes. Most companies are willing to help out anyway they can. In the U.S., it is a Federal law to accommodate disabilities. They may assume that you qualify and not ask for a letter. If they do, go see a doctor that can diagnose you and give you a letter stating you have ADHD.

To sum up what I said, I would talk to HR and/or consult a lawyer about this. They will be able to give you the best advise. There are so many gray areas and it is very difficult for people like us to figure them out.

TJ Chambers

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