What to Do When Employers Discriminate Against Your ADHD

By Chris Blondell 

While it’s better understood these days, people still have a difficult time grasping what it’s like to live with Attention Deficit Hyperactivity Disorder, better known as ADHD. For those who don’t struggle with focus, it can sound like a nonproblem, something made up to explain lazy behavior. But the truth is that ADHD is a very real neurodevelopmental disorder that affects millions of people in the U.S. 

Despite growing awareness, there are still employers who cannot grasp the concept of struggling to focus. What can happen as a result of this lack of understanding is discrimination in the workplace. This discrimination can manifest in a few ways: unfair treatment, denial of reasonable accommodations, even wrongful termination. When an employer feels that a neurodevelopmental disorder is nothing more than laziness, it can feel insurmountable, despite medical evidence. 

That’s why the Americans with Disabilities Act, or the ADA, recognizes ADHD as a disability. Meaning that employees have legal rights to reasonable accommodations in the workplace and employers are obligated to provide them. Though it is against the law to discriminate against employees with ADHD, it happens. There are actions one can take against a discriminatory employer and maintain employment with reasonable accommodations. 

Understanding Your Rights Under the ADA

The public thoroughly understands what physical disabilities are and that it is wrong to discriminate against someone because of it. Disabilities like cerebral palsy are visible and easy to recognize. Invisible disabilities, like ADHD, depression, and anxiety are difficult to see and are still not well understood by the broader public. Though that understanding has definitely increased in recent years. 

The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. ADHD can qualify under the ADA if it significantly impacts an individual’s ability to perform daily activities without distraction, organizational difficulties, or time management. Makes it hard to perform a job when you struggle with focus and organization. 

Being covered under the ADA means that an employee with ADHD can qualify for “reasonable accommodations” in the workplace. They are specifically labeled as “reasonable,” which is both broad and specific so a particular balance can be applied to the job requirements and the employees requirements to more effectively perform their duties. What those accommodations are vary greatly but they generally include flexible work hours, modified work environments, or additional time to complete tasks. 

Requesting Reasonable Accommodations

If you have not already done so, consider formally requesting reasonable accommodations for your ADHD. This request should be made in writing and include a description of your condition, how it affects your work, and the specific accommodations you are requesting. Your employer is required by law to provide reasonable accommodations unless doing so would cause undue hardship to the business. Having this in writing lends credibility to your case, keep a copy for your records along with dates, times, and who is involved. 

Examples of reasonable accommodations might include providing a quieter workspace, allowing for flexible work hours, or permitting you to take short breaks throughout the day to manage your symptoms. If your employer denies your request, they must provide a valid reason, and you have the right to appeal their decision or seek legal recourse in order to work productively in an inclusive workplace environment. 

Recognizing Workplace Discrimination

When those reasonable accommodations are not met, discrimination may be at play. Of course, this is not always the case. Sometimes people are innocently ignorant and make mistakes and it’s important to have patience in these situations. Though there are employers who do know better and make moves that can be perceived as discriminatory. 

Some of this discrimination may be overt discrimination like derogatory comments or an explicit refusal to provide accommodations. These are less likely to happen these days, but it does happen. Especially in environments where the company leadership feels entitled to behave however they choose. More often, these acts of discrimination are more subtle, like being passed over for a promotion or being subjected to unfair scrutiny compared to coworkers. 

If your employer denies your request for reasonable accommodations without providing a legitimate reason, or if their comments and treatment create a hostile work environment over your ADHD, you can probably consider those actions to be discriminatory. 

Documenting the Discrimination

If you believe you are being discriminated against because of your ADHD, start documenting everything. That’s keeping detailed records of incidents, conversations, and comments including dates, times, and specific details of what was said and who was involved. The more you document, the better. 

For instance, if your supervisor makes disparaging remarks about your ability to focus, write down the exact words they used, the context, and any witnesses who were present. If you notice a pattern of being assigned less desirable tasks or being excluded from meetings, keep a log of these occurrences. This evidence will be invaluable in demonstrating that the discrimination is not an isolated incident but part of a broader pattern of behavior. Documenting as much as you can can only help you in the long run. 

Reviewing Company Policies and Reporting to HR

Depending on the size of the company, there may be official policies on discrimination and accommodation. It’s important to maintain credibility in these matters and sometimes that means playing by their rules before you move forward with action. Most companies have employee handbooks or a list of policies that outline how they handle discrimination claims and what procedures they prefer to work through to handle discrimination claims. Taking their rules seriously communicates that you intend to move forward fairly and can be a show of good faith in a potentially tense situation. 

This is why Human Resources (HR) departments exist. Not just to protect employees from unpleasant situations, but to protect the company from lawsuits. It’s in the company’s best interest to put a discriminatory incident to bed, lest they have to pay legal fees or even a settlement as a means to resolve it. HR departments have specific procedures to resolve issues like discrimination and it’s ideal, even required in some cases, to go through those steps first. 

When filing a report to HR, it’s crucial to remain professional and focus specifically on the facts. This is where your documentation first comes into play. Stick with the cold, hard facts and refrain from emotions and accusations. In short, “be a Vulcan,” which means, if you’re not a Star Trek fan, be logical. Communicate how the treatment you’re experiencing is making it difficult to perform your job well and request that the issue be addressed promptly and fairly. Stand up for yourself, but exercise restraint. 

Filing a Complaint with the EEOC

If you aren’t able to work things out internally, you have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC), a federal agency responsible for enforcing laws that prohibit workplace discrimination, including the ADA. If they take your case, they will be your advocate. These are no kidding around lawyers. This formal process requires that you file within 180 days from the date of the discriminatory act. 

The EEOC will investigate your claim fully. If they find evidence of discrimination, they will attempt to mediate a settlement between you and your employer, or they will file a lawsuit on your behalf. If they do not find evidence, or if they don’t want to take the case, they will issue you a “right to sue” letter. Unless you can afford an attorney, this is probably the end of the battle. 

Seeking Legal Advice

If you can afford an attorney, and you’re experiencing discrimination in the workplace, you should do so. Attorneys experienced in employment law or social security disability, or SSD, can help you navigate the complexities of the case and the legal process, which can be overwhelming, as your advocate. 

Even if you’ve done everything correctly, you can still get burned. SSD attorneys in Philadelphia have had their hands full with disabled people having their benefits taken away despite following all proper procedures. 

Exploring Alternative Resolutions

Not every one of these situations leads to courtroom bickering. There are alternative methods to resolve issues of ADA discrimination. Lawyers are not cheap, so it’s helpful to be aware of your options. The best probably being alternative dispute resolution, or ADR. This option is less formal, less time consuming, and way less costly for everyone involved. You’d find a mediator, usually a retired judge, to work with both sides to find a compromise and a solution. 

You can also look for local options like ADHD support groups, disability rights organizations, or even state agencies that can offer guidance, resources, and support. Believe it or not, there are folks out there who work just to help people who do not have access to resources like legal representation. 

You Deserve to Work in Peace

Everyone deserves the opportunity to do their job without fear that their identity and abilities or disabilities will get in the way of their performance. There are protections in place, but people don’t always know how they’re protected and what resources are available to them. There are also employers who do not respect those resources and will weaponize your disability against you because they don’t, or won’t, understand them. Know your rights, know your options, and document everything in order to protect yourself and your peaceful productivity.