Is ADHD a Disability Under the ADA? | Is ADHD a Disability?

What the ADA says about disability

The Americans with Disabilities Act of 1990 defines a person with a disability as someone who:

Has a physical or mental impairment that substantially limits one or more major life activities
Has a record of such an impairment, or
Is regarded as having such an impairment

ADHD falls under "mental impairment" and can qualify under any of these three definitions.

Major life activities affected by ADHD

Under the ADA, major life activities include (but are not limited to):

Concentrating and thinking

The most commonly cited limitation for ADHD. Difficulty sustaining focus, organizing thoughts, and completing tasks can substantially limit this major life activity.

Working

When ADHD impairs job performance through missed deadlines, disorganization, or difficulty managing multiple priorities, it can substantially limit the major life activity of working.

Learning and reading

ADHD can affect reading comprehension, retention, and the ability to learn new material -- especially relevant in educational settings and training environments.

Communicating

Social interactions affected by impulsivity, interrupting, or losing track of conversations can substantially limit the major life activity of communicating.

Sleeping

Recognized as a major life activity since 2008. ADHD commonly disrupts sleep through racing thoughts, difficulty winding down, and irregular sleep patterns.

The ADAAA of 2008: a critical shift

The ADA Amendments Act of 2008 (ADAAA) significantly expanded protections:

Broadened "substantially limits"
Mitigating measures (medication) cannot be considered
Episodic or in-remission impairments still qualify
Shifted focus to whether discrimination occurred

Do I need to disclose my ADHD to my employer?

No. You are not required to disclose. But if you want ADA protections and accommodations, you must disclose and request them. Your employer is not required to provide accommodations you never asked for.

Employer obligations under the ADA

Under the ADA, employers with 15 or more employees must:

Provide reasonable accommodations
Not discriminate in hiring, firing, promotion, or compensation
Engage in an "interactive process"
Not retaliate against accommodation requests

Key court cases

Several landmark cases have shaped how ADHD is treated under the ADA:

Jacques v. DiMarzio, Inc. (2002)

An employee with ADHD received $320,000 for wrongful termination after the employer failed to provide reasonable accommodations. The court found the employer had not engaged in the interactive process.

Gagliardo v. Connaught Laboratories (2002)

The Third Circuit Court of Appeals found that ADHD was a compensable disability under the ADA. The court recognized ADHD as substantially limiting the major life activity of concentrating.

EEOC v. United Parcel Service (2008)

UPS settled after the EEOC brought claims that the company failed to engage in the interactive process for an employee with ADHD and denied reasonable accommodations, including written instructions and a modified schedule.

How to request ADA accommodations

Obtain documentation from your healthcare provider
Identify accommodations that would help
Submit written request to HR
Participate in the interactive process
If denied, file with the EEOC

Limitations of ADA protection

The ADA does not cover all situations:

Employers with fewer than 15 employees (state laws may apply)
Accommodation would cause undue hardship
Cannot perform essential job functions even with accommodations
Employee poses a direct threat to health or safety