Attention Deficit Disorder and the Americans With Disabilities Act: Is Anyone Paying Attention?

As millions of individuals who have been given a diagnosis of attention deficit disorder and attention-deficit/hyperactivity disorder enter the workforce, more individuals with these mental impairments are filing claims with the Equal Employment Opportunity Commission under the Americans with Disabilities Act (ADA) as amended in 2008 by the ADA Amendments Act. The ADA forbids employment discrimination based on an individual's disability and also requires employers to make reasonable accommodations for individuals with disabilities. Health care managers must be well prepared with knowledge of the employers' rights and responsibilities under the law. By exploring the legal challenges being made to employers' policies and practices and examining how the courts are resolving those disputes, managers can reduce the risk of expensive, time-consuming litigation caused by employment discrimination claims based on disability.