ADA: Bipolar Disorder and ADHD

KYRacheal

I am so fortunate to have two employees who claim that their "disorders" are at fault when they are confronted with repeated attitude complaints (just a little sarcasm). One says he is self diagnosed "severe ADHD" and the other (I believe) is diagnosed depressive and takes medication. I've researched several court rulings and I'm still not clear on whether either are truly considered disabilities under ADA or not...I've seen instances of both. The one with ADHD is a little more clear for me in this case because they have to have an official diagnosis for it to be an issue. However, I am just curious as to what everyone has experienced or read on these two under ADA. Any help would be appreciated.

Thanks!!!

Rich Davis

Remember that any any accomodation under the ADA has to be 'reasonable'. The employer first has to determine what is reasonable. If the attitude complaints are causing additional friction in the office, maybe there is no accommodation you can reasonably make. Also, there is no such thing as a 'self diagnosis". Either it comes from a licensed medical provider, or it doesn't exist. The ADA rules mostly make sense, but some things cannot be accommodated. An individual workplace cannot be expected to be able to make every accommodation requested of it. I would suggest you tell the ADHD employee to provide a doctors note or get with the program. Further violations will be cause for discipline. As far as the person who you "believe" is depressive. You have to address this situation by tying it back to performance. What is the person doing or not doing that is effecting their job. What is the effect or others. Address this issue directly with the employee. Do not bring up any medical information. Deal only with what can be documented about behavior or job performance. If the employee brings up a medical issue, ask for documentation from their physician about what restrictions they have. Make sure you provide the doctor with an accurate position description, and require specific restrictions based on the PD, including any physical requirements. Once you have that information, you can decide what, if any, accommodations you are able to offer. If you don't get any doctors information, then you are back to requireing the employee to perform the required duties and to behave in an acceptable manner. Failing that, you have to fall back on the discipline option. You always have to look at two aspects of any employees work: Behavior and Performance. Performance is improved by training and goals setting. Poor behavior is improved by counseling and discipline. If the employee is either unwilling or unable to comply with your behavior requirements then you and your other employees are not going to be happy. Either correct the behavior or cut them loose and find someone else. Sorry this got so long. But your issue is one of my hot buttons. Good Luck.

Rich D.
Topeka, KS

stilldazed

I'm curious. Has either worker actually asked for an accomodation? What did they request? That the discipinary issue be dropped or that they no longer have to work with coworkers or what?

It is true that you have an affirmative duty to respond to the request with a determination on whether what they request or suggest is reasonable, but unless you know what the two may be after, I'm not sure how you will evaluate their suggestions.

If you could provide more info, it would be helpful.

best wishes

Tony Kessler

KYRacheal,
In the newsletter archives on this website, you'll find a number of recent articles on bipolar disorder and other psychatric disabilities in the workplace. Here are a few:

Two men walk into a bar . . .
Arizona Employment Law Letter,Vol. 14, Issue 10, March 2008
(Article is about an employee who claimed to have ADHD)

Court finds bipolar employee not disabled
Kentucky Employment Law Letter,Vol. 18, Issue 4, January 2008

Must we accommodate worker's bipolar disorder?
Colorado Employment Law Letter,Vol. 16, Issue 8, August 2007

Does ADA cover intermittent leave for bipolar disorder?
Connecticut Employment Law Letter,Vol. 15, Issue 8, August 2007

Employee interrupted: managing workers with psychiatric disabilities, part I
Indiana Employment Law Letter,Vol. 17, Issue 6, June 2007
(Part II in the July 2007 issue of same newsletter)

Don't fire him because he's angry — it might be his disability talking
Arizona Employment Law Letter,Vol. 13, Issue 12, May 2007

As part of your Employment Law Letter subscription, you have access to all of this information. If anyone needs help finding the articles in the archives, let me know.

Tony Kessler
(615) 661-0249 x 8068

McDuff

There is no such thing as a self-diagnosed condition such as ADHD. The employee needs to produce certification of the condition. (not including a letter from himselt

Susan Desmond MS

You cannot determine a disability by title alone and is a common mistake among employers. True, someone with a bipolar condition or ADHS has a mental impairment. To be considered as disabled, however, the individual's impairment must substantially limit a major life function. Finally, when making this determination, you look at the impairment in its medicated state. So, for example, if your employee with the bipolar condition is perfectly fine as long as she is on her medication, she is not disabled.

I wouldn't jump the issue of accommodation until you truly know whether the individuals are disabled. You have enough information, however, to start the interactive process which would include having discussions with the employee. You can require medical proof of what they tell you.