ADD=ADA?

System

We have an employee who has been with us for a long time in various different departments. Currently in the department he is in he has a good deal of autonomy. The problem is that he has attention defecit disorder and he can't focus enough to get his duties completed before he wanders off and starts doing something else. By the time we close he hasn't finished anything. In his write ups he puts as his ee explanation that he has ADD.
What are our responsibilities? Does this qualify as ADA? His case is very severe and I suspect that he may have tourettes syndrome as well which might affect a major life function. Of course I can't ask him that, or can I?
My BF's son has ADD and tourettes so I am sensitive on this issue. I'd hate to have him lose his job because of a medical condition he can't control. I know that ther are lots of medications that he can take. Can I ask him if he is taking rhem?
We don't have an EAP and there is no other department that can take him. Unfortunately no other department wants him either, poor guy.

Don D

Deez: Although there is a growing body of professionals who proclaim there is no such thing, ADHD (formerly ADD) is covered by the ADA. Also, you appear to have made certain assumptions about his illnesses, thereby 'considering him disabled' which also gives him automatic ADA protections.

Crout

Don is correct, and of course with ADA one of the key questions is, can he perform the essential functions of the job with or without an accommodation?

System

Don, I haven't voiced those assumptions with anyone. Those are just observances from personal experience.
So if he is covered by ADA then what? I have'nt had to deal with this before

Balloonman

Deez,
Immediately go back and delete your original post so that you cannot be accused be accussed of considering him disabled!!! Then you have to answer the question, can he perform the essential tasks of the job. On the surface it would be easy to say no. You better be ready to explain how he has lasted a long time with your organization and suddenly is unable to performed the essential functions.
Happy Friday.
DJ The Balloonman

System

The department was without a manager for a long time so the issue was overlooked. Before that he was in a department were he was "tied to" and couldn't wander around and had somebody overseeing the employees all the time.
Why do I have to delete my post? I thought that I could speak openly with you guys? I can't do it anywhere else. Is there something I'm missing?

Balloonman

Yes deez,
You missed my joke, went right over your head. Good thing you aren't taller it might have hit you in the head. x:D

Ahhhh humor gets lost on the board sometimes.

Everyone, have a great weekend...............I am off..........to Iowa to compete in a 1/2 Ironman

DJ The Balloonman

System

Yeah, I noticed there has been some issues there. But Balloonman your wit is so sophisticated you have to give us mortals some slack.
Will that get me into the "in" crowd?
joke, joke, joke!

Don D

Deez: I still think you should delete or reword your original post. One is ADA protected when we make assumptions and proceed as if he does have a disability. I think I understand you to have deduced that he has or might have tourettes. If that is ADA covered, then he might as well have it as far as you making the assumption. That's what I was talking about. If you assume, even among friends, that he wanders off and it's because of ADA and he has or probably has tourette's which might cause this or that, then he is ADA protected. You need now to engage this person in an 'interactive two way' discussion of the job duties as compared to his abilities to perform them with or without accommodation. You should not lead the second part - let him give those responses. You should define the job and give indications of what you have seen that lead you to believe he is not performing. You are free to discuss ADD with him since he has offered up in writing that explanation as to his deficiencies. After the discussion(s) you are free to give him a written list of specific duties (that you prepare), tell him to discuss those with his physician and get back with you, preferrably with a written document from the physician as to what he can or cannot do and what accommodations might be recommended by the doctor. Know that they are recommendations only. It is the company's decision as to whether they are reasonable accommodation suggestions or not, and that in itself if quite an exercise. Anytime I have such discussions with an ee, it is my firm assumption that anything I say or write will go directly to his/her attorney, so caution is in order.
(where's my bottle?)

sonny

And do not ask him if he is on medication, IMHO

Bottle of what Don? It's probably on your tree empty.

Don D

Deez had sorta kinda halfway promised me a bottle for my tree. I'm looking for true deep reds that won't fade. If each of my friends sends me just one bottle, I will probably have 2 by the end of the year. x:-)

Balloonman

Deez you are part of the in crowd! x;-)
DJ The Balloonman

Hatchetman

Since you would be engaged in the ADA interactive process on the emplolye's claim that his work problems are related to ADD or ADHD, which is in part to determine if in fact the employee is disabled under ADA, you may ask about the use of medicaiton or other remedial measures. Under federal as part of your inquiry to the doctor for verification or clarification of the employee's medical condition, ask if the emplyee takes any mitigating measures, such as medication, and how that then in turns impacts one or more major life activities. The medication may or may not mitigate the condition to any great extent on an ongoing basis, but that's part of the assessment that has to be made under federal ADA. If it does you need to determine to what extent and if the medication in turn significantly impairs a major life activity.