2000) (plaintiffs request for a two-month extension of leave after 15 months of medical leave could be denied only if employer showed undue hardship) with Wood v. Green, 323 F.3d 1309, 1314 (11th Cir. An employee generally has to request accommodation, but does not have to use the term reasonable accommodation, or even accommodation, to put the employer on notice. The ADA: Your Responsibilities as an Employer Under the ADA, the term "disability" means: " (a) A physical or mental impairment that substantially limits one or more of the major life activities of [an] individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment."5 This guidance focuses on the first prong of the ADA's definition of "disability" becaus. ADHD Rights: The Americans with Disabilities Act Donna lets Steve continue working for another two weeks, but she receives more complaints from customers and other tellers who, working in close proximity to Steve, continue to have difficulty processing transactions. 42 U.S.C. - 1630.2(o) (2007) (employer is not required to reallocate essential functions); see also Reasonable Accommodation, supra note 11, in General Principles. Tom agrees and reveals for the first time that he has bipolar disorder. What should an employer do if an employee requests an accommodation for the first time in response to counseling or a low performance rating? The employee can never predict when the leave will be needed or exactly how much leave she will need on each occasion, but she always needs from one to three days of leave at a time. The Americans with Disabilities Act of 1990, a civil rights law, prohibits employers from discriminating against employees with disabilities. Is ADHD a Disability? Categorization by the ADA - Grants for Medical Example 26: A supervisor knows that a deaf employee who has previously requested reasonable accommodation cannot lip read. 5. This means that when an employee with a disability seeks leave under an employers regular leave policies, she must meet any eligibility requirements for the leave that are imposed on all employees (e.g., only employees who have completed a probation program can be granted advance leave). People with ADHD have rights under both Section 504 of the Rehabilitation Act of 1973 and the ADA. 1630.10, .15(c) (2007); see also Reasonable Accommodation, supra note 11, at Question 35 and Psychiatric Disabilities, supra note 18, at Question 30. 1995) (upholding employees termination because although alcoholism may have compelled employee to drink, it did not force him to drive or engage in other inappropriate conduct). Holly v. Clairson Indus., L.L.C., 492 F.3d 1247, 1258, 1260 (11th Cir. Is ADHD a Legal Disability? Workplace Legal Protections for ADD - ADDitude A core function for any supervisor is managing employee performance. By Lisa Guerin, J.D. An employee who must use an alternative method of performance because of a disability must be evaluated accordingly.20 However, an employer is not required to allow use of an alternate method that would impose an undue hardship. If the appropriate disciplinary action is termination, the ADA would not require further discussion about the employees disability or request for reasonable accommodation.49. The supervisor and DPM determine that a reasonable accommodation might help address the employees performance problems. With no reasonable accommodation possible, Daniel cannot repair the equipment (an essential function). 1998) (uninterrupted attendance not deemed an essential function because that would relieve an employer from having to provide unpaid leave as a reasonable accommodation). Because there is no undue hardship at this time, the employer agrees to continue the reasonable accommodation of intermittent leave under the same conditions as before. The employer has already had to move coworkers around to cover the employees absences and delay certain work. pt. 33See TAM, supra note 7, at VII (7.7) (A disabled employee who needs an accommodation . Example 18: Darren is a long-time employee who performs his job well. 24. 85Hernandez v. England, EEOC Appeal No. Accommodations | U.S. Department of Labor 01992682 (November 20, 2001) (while employer may have had grounds to discipline an employee who created a toxic work environment over a period of several years by taking notes on coworkers, providing supervisor with steady stream of (mostly baseless) complaints about coworkers, and showing an unwillingness to cease these actions, employer did not have a legal basis to order a psychiatric examination because no evidence indicated that employee had a medical condition that was causing him to perform poorly or posing a direct threat). Documentation from the employees doctor shows that the employee will continue to need intermittent leave for at least several months. prohibit inappropriate behavior between coworkers (, prohibit employees from sending inappropriate or offensive e-mails (, require that employees observe safety and operational rules enacted to protect workers from dangers inherent in certain workplaces (, prohibit drinking or illegal use of drugs in the workplace. Bank N.A., 334 F.3d 318, 331-33 (3d Cir. Physicians Plan, 55 F.Appx 40, 45 (3d Cir. 8. Must an employee with a disability ask for a reasonable accommodation at a certain time? . Libel v. Adventure Lands of Am., Inc., 482 F.3d 1028, 1034 (8th Cir. The employer must provide a reasonable accommodation (absent undue hardship) that allows the employee to read the review, and this may include a Braille copy or a version in another format that the employee is capable of reading on her own (e.g., an electronic version). If any of the three prongs are satisfied, the individual counts as disabled. Mediation may provide the parties with a quicker resolution of the case. During the next six months, the employee takes 12 days of medical leave. Corp., 340 F.3d 735, 742 (8th Cir. Share it with your network! 34 See Reasonable Accommodation, supra note 11, at Question 10. 12112(d)(3)(B), (4)(C) (2000); 29 C.F.R. Disability rights are civil rights. This employer may ask the employee medical questions (e.g., are you ill, have you seen a doctor, is there a medical reason for the sudden, serious change in your behavior). Am., 377 F.3d 58, 64 (1st Cir. The ADA did include examples of covered mental and physical impairments. 20See TAM, supra note 7, at VII (7.7) (A disabled employee who needs an accommodation . U.S. 17. In response, the employee requests a reasonable accommodation. The supervisor does not have to raise Nicoles rating even though the decline in performance was related to her disability.19. 12112(a) (2000); 29 C.F.R. An employer may choose to focus solely on the performance or conduct problems and take appropriate steps to address them.67, Employers generally have attendance requirements. 19 An employer cannot penalize an employee for work missed while the employee took a significant amount of leave as a reasonable accommodation. Granting indefinite leave, like frequent and unpredictable requests for leave, can impose an undue hardship on an employers operations.76 Indefinite leave is different from leave requests that give an approximate date of return (e.g., a doctors note says that the employee is expected to return around the beginning of March) or give a time period for return (e.g., a doctors note says that the employee will return some time between March 1 and April 1). 1630 app. The doctor cannot predict when or how much leave will be needed, but based on the employees treatment and the current situation, the doctor believes that each leave of absence would be from one to three days. Example 46: A federal police officer is involved in an accident on agency property for which he is charged with driving under the influence of alcohol (DUI). Generally, under a firm choice or last chance agreement an employer agrees not to terminate the employee in exchange for an employees agreement to receive substance abuse treatment, refrain from further use of alcohol or drugs, and avoid further workplace problems. The employer does not have to withdraw the written warning, but it must grant the requested accommodation unless it would pose an undue hardship. May an employer require an employee who is an alcoholic or who illegally uses drugs to meet the same standards of performance and conduct applied to other employees? Although there were some answers the employee gave that the officials would have followed up on if the communication was oral, they did not do so because of the difficulty of exchanging handwritten notes. The managers modified arrival time would not affect customer service or the ability of other employees to do their jobs, and she has no duties that require her to be at the bank before 9 a.m. The companys code of conduct requires workers to be respectful towards coworkers. May a supervisor require that an employee with a disability perform a job in the same manner as a non-disabled employee? Janes manager talks to her and also contacts the job coach who helped Jane learn to do her job. Because there is insufficient evidence to focus on a medical cause for this behavior, requiring the employee to produce medical documentation or to undergo a medical examination would not be justified. Severe attention deficit hyperactivity disorder (ADHD) is considered a developmental disability under the Americans with Disabilities Act (ADA). 1630 app. The ADA prohibits discrimination against applicants and employees who meet the statutes definition of a qualified individual with a disability.4 The ADA defines a disability in three ways: A qualified individual with a disability can (1) satisfy the requisite skill, experience, education and other job-related requirements and (2) perform the essential functions of a position with or without reasonable accommodation.6. 2007) (ADA permits an employer to fire an employee for conduct that results from a disability if that conduct disqualifies the employee from his or her job); Gambini v. Total Renal Care, Inc., d/b/a DaVita, Inc., 486 F.3d 1087, 1095 (9th Cir. The location of the equipment does not allow alternative means to elevate Daniel (e.g., using a cherry picker). May an employer require that an employee with a disability follow the dress code imposed on all workers in the same job? Fenney v. Dakota Minn. & E.R.R. Thus, the accommodation is not effective because it hampers the ability of the parties to communicate fully with each other.