Attention Deficit Disorder

JudyRoy

We have an employee that has worked for us for approximately one year. Recently she has been missing meetings, forgotten appointments, failed to return phone calls, etc. When confronted she announced that she has Attention Deficit Disorder and that is the reason she "forgets" these things. We have no medical backup. Is she protected under the ADA?

Don D

Most probably. You should engage or continue the conversation, though, to reach a determination. At the proper time, you will need medical backup. It is not sufficient to simply be told she is ADD or ADHD and then move forward, excusing tardies and missed meetings and phone calls. To be ADA protected, she must also be able to do her job with or without a reasonable accommodation. There is no way to reach that determination or to adequately explore accommodation without continued dialogue and medical information. Don't be intimidated by the fact that she may be ADA protected. Your objective is to continue her in employment by exploring the reasonableness of an accommodation, should one be suggested, since she has given this explanation for her performance.

JudyRoy

Thanks Don - this is going to be a tough one!