Is ADHD a Workplace Disability?

Attention Deficit Hyperactivity Disorder (ADHD) affects millions of individuals worldwide. It is often associated with difficulty in organizing, prioritizing, and completing tasks. People with ADHD struggle with focus and can have difficulty following through with instructions or staying on task.

If you’re affected by the disorder, knowing your rights as an employee in New York is important. Is ADHD a workplace disability in New York? Here’s what you need to know.

Is ADHD a Disability in the Workplace?

Yes. ADHD is considered a workplace disability in New York. The state is one of several that recognize ADHD as a disability under the Americans with Disabilities Act (ADA). Additional protection for people diagnosed with ADHS is offered under the New York Human Rights Law.

According to the ADA, a disability is defined as “a physical or mental impairment that substantially limits one or more of the major life activities.” ADHD can limit major life activities such as concentration, organization, and time management, making it a valid form of disability.

What Protections Do You Receive?

If you are an employee in New York with ADHD, the ADA protects you. So do New York laws. This means that your employer is required to provide reasonable accommodations to ensure that you can complete your job to the best of your ability. Accommodations can include acquiring assistive technology such as noise-canceling headphones or providing more structured work environments.

It’s important to note that not all individuals with ADHD require accommodations. However, if you do require accommodations, it’s important to communicate with your employer about what you need to succeed. Your employer is required to make “reasonable accommodations” that do not cause undue hardship to the company.

Additionally, if you believe that you’ve been discriminated against due to your ADHD, you can file a complaint with the Equal Employment Opportunity Commission (EEOC). They can investigate any claims of discrimination and work with you to resolve the issue.

Speak to an Attorney about Your Rights in the Workplace

New York law considers ADHD a workplace disability. The federal ADA law also protects employees with ADHD. Employers must provide accommodations for individuals with ADHD to ensure that they can complete their jobs to the best of their ability. If you are treated poorly due to ADHD or any other disability or your employer refuses to provide reasonable accommodations, you may have a right to take legal action.

For more information or to speak to someone about your rights in the workplace if you face discrimination, contact Borrelli & Associates, P.L.L.C.