I’m searching for past and present litigation where a plaintiff (diagnosed with ADD/ADHD) has filed a complaint of disability discrimination against an employer. I’m interested in determining how the courts view ADD/ADHD as a disability - such as to the impairment of a major life function, how substantial such an impairment can be associated with ADD/ADHD, etc.
In other words, do the courts see ADD/ADHD as a bonifide disability? I have filed a Title VII complaint in the US District Court in Denver, Colorado. Some precedent case law might assist me in understanding the challenges of such a complaint.
Any advise or comments would be appreciated.
John W.
Re: Case law - ADD/ADHD
I wish I could remember the name of the system. My understanding is that there is a national system that can pull this up that is available in major law libraries. I have been told that it does have it’s limitations, only cases that have not been sealed will appear in it. And the attorney I asked about something similar a while back thought a lot of suits against employers would likely be sealed. And there was another major limitation, something about how the case was finalized.
I also read another article on the web where many people have won on the point that they had a disability and then lost becuase they were then not qualified for the job.
Here is one link from a state of Oregon site that might be helpful.
http://www.odc.state.or.us/tadoc/ada40.htm
I found a site earlier today that had an answer that might help you. But I can’t find it now, I thought it was on CHADD but I can’t find it there. It was a FAQ page where someone asked if they should tell their employer about their ADD and it provided an insightful answer. And a very discouraging statistic over 95% of the discrimination cases are won by the employer.
As I encounter more I will keep posting.
~Mark
For those of you who don’t know CHADD here is the url.
http://www.chadd.org/index.cfm
Re: Case law - ADD/ADHD
I hope you can find that CHADD article with the 95% statistic. That would be insightful.
The national database is Lexis-Nexis. Law is the Lexis side. My husband works there and, no, I won’t help anyone hack it. You’ll probably have to pay a fee or maybe there is a free trial or something. Some universities provide access and of course all lawyers have access.
Re: Case law - ADD/ADHD
if the author of the original message is still looking for the information on litigation issues etc. I have access to Lexus Nexus and have experience researching legal issues on ADHD ( I am a graduate student with ADHD and my interest is heavily focused on in the legal rights of juvenile delinquents with ADHD). I would be willingly to spend some time getting you the info you need, I just want to know you are still interested before I spend the time. I will check back on this message board to see if you respond. I would be happy to help.You can also check the ACLU’s website under Disability issues (aclu.com), Find law.com (searching for info on disability rights regarding employment, you don’t need info that’s ADHD-specific since it’s covered under the Americans with Disabilities Act and is treated legally like any other disability) and possibly the ABA website. In regards to the general question of whether the courts view ADHD as a disability that impairs major life functions, the answer is YES, without a doubt ADHD does qualify as such a disability and is covered under the ADA (Americans with Disabilities Act) as well as all other legislation protecting the rights of the disabled. From the law cases I have read and the legal precedence in the areas I have studied generally (educational guarantees for children, criminal court cases etc.) I don’t see why the Courts wouldn’t be receptive. Also, I am assuming you’ve hired an attorney, it would probably help to make sure they are skilled in disability law not just discrimination lawsuits since both areas of expertise are important and the former would have both areas of knowledge covered while the latter wouldn’t, necessarily.Good luck on your case, I hope this helps someone out there
Maya
Re: Case law - ADD/ADHD
I can tell you that they do not see it as a great disability. I think more needs to be said about it. Not how to deal with it but what it is and what happens to us. Don’t forget, having ADD/ADHD does not give us the right to neglect responsiblity. That’s how the courst look at it.
However, if they already new you had ADD/ADHD when you toolk the job then your chances are good.
In my personal view, I think the chances should always be good because it is a disability plain and simple.
Some people just do not ike confused people. So let’s put them in their place in a nice way when we can. And if it means court, so be it. We will all benifit by it.
I’ll check for some cases for you. No promises.
You might take a look at how the military (Air Force, Army, Navy, Marines etc.) views applicants who have been previously diagnosed with ADD/ADHD. In the past, the military tended to reject those with ADD/ADHD (often on the idea that they must take ~ Ritalin or a similar med to pay attention) although it’s my understanding there is an appeals process.