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alcottringer profile image
4 Replies

My name is Abby and I've got ADHD I've been discriminated against at my work I need to know what my rights are in terms of what I can do if I'm wrongfully terminated

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alcottringer profile image
alcottringer
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4 Replies
AuDHD3245 profile image
AuDHD3245

It's a tough one. You have to look at it from their side too, unfortunately. You have an 'attention deficit'. In more cases than not, employers need 'attention surplus' in the workplace. You may feel it's discrimination but is it?

If the workplace need attentive, calm, fully focused, good time keeping, organised and manageable individuals, and you are diagnosed with a condition that according to them, makes you easily distracted, have poor concentration skills, difficulty organising yourself, impatient, risk-taking, disproportionately emotional responding, overly energetic, talkative, excessively fidgeting, and have difficulty staying on task... Is it discrimination?

Is it discrimination if a person has a job climbing up ladders, then is diagnosed with arthritis in knees and ankles, meaning he can't climb the ladder properly?

It is hard and I feel for you. I'm not sure it is discrimination, but rather the truth and you may not like to hear it

Either way, you need an advocate for your rights. Have a look into advocacy for individuals with ADHD

Ampersand1 profile image
Ampersand1

The ADA recognizes ADHD as a protected condition against workplace discrimination. However, each case is unique and best to reach out to an attorney's office who specializes in such ADA cases in your specific state.

STEM_Dad profile image
STEM_Dad

I haven't ever been wrongfully terminated from a job.

I did feel like I was treated poorly at one employer, so I tried to use refer to policies and resources available within the organization to try to improve the matter. It didn't work out for me, and I ended up taking a different job in that same organization.

What I recommend to you is what I learned too late... document the issues as thoroughly as possible.

• I wish that I had kept clear, full, indisputable records. I had gotten too much of a runaround between a manager, a director, and HR. If I had kept accurate records, I might have been able to prove that they were doing so, and would have been able to escalate my documented case.

If you are a union employee, then consult with a union representative.

If you are of a minority, then if you are experiencing any discrimination based on your minority status, then you ought to be able to access other help.

Since ADHD is recognized as a disability, then you ought to qualify for reasonable accommodations at work. (There aren't any specific guidelines for ADHD accomodations, like there are for physical disabilities.) But certain aspects of the law also exist to enable employers try to protect themselves from people who try to game the system.

One of my previous jobs had a requirement that the employees be able to climb ladders and crawl into small spaces (for instance, under a desk). I got the job because another candidate had a physical disability which prevented him from being able to do those things. However, my ADHD distractibility was easily accommodated... when I had to do work that required focused attention, I was able to wear headphones to block out noise, or work in a closed office to block out the sights and sounds of others. (I was on a two person tech support team. My coworker could not be expected to be the one to do all the climbing and crawling tasks.)

STEM_Dad profile image
STEM_Dad

I presume that you need the income, but if you didn't, then would you still want to work at this employer? Is it a type of work that you love, or are you doing the work to benefit people on a way that is meaningful for you?

If you are not drawn to this particular employer by some strong reason for being there, then I would recommend that you give some consideration to what you really want to do.

I became friends (Facebook friends, at least) with someone that I met at my current job. I started there last December. He started some number of months before that. He was frustrated with his job, and he ended up moving on to a new job that he seems to be much happier at (and earns a better wage at).

I think that he probably has mild ADHD, but he is not diagnosed with it; he thinks it's a possibility. Regardless, his biggest struggle at the previous job seemed to be related to emotional dysregulation, which is common with ADHD (but is not included in the diagnostic criteria).

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