ADHD and the Congress Disability Act

I really feel deeply about this topic, Congress Disability Act. People with ADHD are very sensitive and feel deeply. When I wrote this information, I got real emotional with it. Please allow me to express my emotion and feel with me. The big question is, is ADHD a disability?

After you read this page, you will find that is a difficult question to answer.

About a year ago, I started looking into the Congress Disability Act to see if I qualify. One reason was because I wanted to go to school but knew that it would be a very difficult thing with ADHD. My psychologist said I wouldn't qualify.

I went and talked to the school counselor and I was told that I do qualify for help because I had a diagnosis. I don't know if it was under the Congress Disability Act or not.

You will learn why. Continue to read on.

My conclusions are, if you don't look like you have a disability, it is a good chance that you won't be protected. There are very small white and black areas and very large gray areas left to someone's judgement.

I don't know who that would be. Not only that but one person may make a judgement for ADHD to be protected while another may be against it. It just isnt very clear.

That isn't fair to us who suffer with ADHD. I have to work so hard just to do things that others do with ease. I recently started looking again because as I was filling out an application for a job, it asked if I wanted to be considered for Affirmative Action based upon a disability?

I thought that Affirmative Action helped races or females considered "minorities" to get and keep jobs. I don't know why I didnt pay attention that it also worked with the Congress Disability Act for people with disabilities.

I never thought about this before. I have been having such a hard time finding a job, especially one that will pay me something worthwhile.

I thought that maybe if I could fit under the Congress Disability Act, I could be considered for Affirmative action and have a helping hand to get a job. One of the complaints of my last job is that I have a problem with focusing, especially during a lecture training.

Sadly, they did not ask me what was going on. They just judged me as not caring about my job. They also said that I wasn't picking things up like everyone else. (Yea, its called ADHD) So they ended my employment.

Why shouldn't I be protected? I'm not "normal" like everyone else. I learn different than the masses. My memory, focus ability, and attention is not like everyone else. I have mood swings, emotional, and confidence problems.

I get very frustrated and I can't stay organized. I can't even stay on top of writing a blog. Ugh. Yet, I am lumped into a group of "normal" people without help or protection.

I want to be normal. I try to hide that I have ADHD. I don't think it matters that anyone knows or at least until they see I am having a problem. I really just want to live normal and not need "special attention" or help from anyone.

If it wasnt for me using an excellent vitamin and mineral supplement, than I would be 100x's worse. I also try to keep a good diet. As much as this helps, it still doesnt take away my problems and I am still not normal.

With all of that said, we should have some kind of protecting under the Congress Disability Act.

Some may find that they are eligible for a 504 plan that gives rights, protection, and modification for the student. A student is eligible for a 504 plan if they have a physical or mental impairment. Read more about the 504 Plan if you need help with ADHD limitations.

Learning Disabilities and the "Americans with Disabilities Act"(ADA)

Is ADHD a disability under the ADA?

The ADA, what I have been calling the Congress Disability Act, does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet (EEOC, 1992). Therefore, some people with learning disabilities will have a disability under the ADA and some will not.

A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or is regarded as having such impairment (EEOC, 1992).

To be a disability covered by the ADA, the impairment must substantially limit one or more major life activities. These are activities that an average person can perform with little or no difficulty.

Examples are: walking, seeing, speaking, hearing, breathing, learning, performing manual tasks, caring for oneself, and working. These are examples only. Other activities such as sitting, standing, lifting, or reading are also major life activities (EEOC, 1992).

Court Cases

Side note: Court cases are important. It lets you see the direction the courts are willing to go. If the courts say that ADHD does qualify, than that is helpful to us. In that scenario, the results are valuable to research to get the details of where we stand.

Most courts have agreed with the activities listed by the EEOC. For example, in Brown v. Cox Medical Centers, 286 F.3d 1040 (8th Cir. 2002), the court noted that the "ability to perform cognitive functions" is a major life activity.

In Gagliardo v. Connaught Laboratories, Inc., 311 F.3d 565 (3d Cir. 2002), the court held that "concentrating and remembering (more generally, cognitive function)" are major life activities (Fram, 2004).

There is so much detail and information to the Congress Disability Act already on the internet. Instead of me putting it here, you can visit JAN.


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