I haven’t been fired for my ADD/ADHD officially because i wasn’t diagnosed with it until after I lost my job, but I have been demoted, denied promotions, had positions switched to less important duties because of my inability to be organized, time management issues, and not completing assigned tasks.  After the fact I can see where my ADD contributed to my work problems, and perhaps had I known what the problem was I would have not have lost my jobs.  My understanding of the ADA is that you have to inform them at the time of hiring of your disability, but that is just my understanding and it could be wrong.  Hopefully you have an attorney to help you with your suit.  If not I would advise you to get one.  They will be able to tell you whether you have a case or not.  Good luck, I hope that it allworks out in your favor.

I was fired in July of last year, after 18 years with the company and being told on numerous occasions what a good job I was doing.  I disclosed my ADD about 3 years prior to my being fired.  At that time, the HR dept. said they didn’t “recognize” the ADA; I showed them a copy of the book ADD in the Workplace, which I had with me.  I also remarked that the ADA is federal law.  They changed their minds and arranged reasonable accommodations for me, but my boss was very put out about it.  More and more pressure was put on me after that; bullying and abuse, etc.  Management never wanted to hear me speak of my ADD or explain anything about it and its effect on my behaviors.  Finally, I was fired, very suddenly, charged with “refusing to cooperate.”  However, the HR person who was present at my firing told her boss that I said I had intended to seek early retirement and disability, had I not been fired, as I knew my health was failing.  Within 30 minutes, I received a phone call from HR saying I was NOT fired; that I would be allowed to retire early and that they would help me fill out forms for disability.  I had to sign a form stating I would not sue for being fired.  (Before I was “un-fired”, I was seriously considering a lawsuit under the ADA, since I was known by my employers to be disabled.)  I am now living on my pension and Social Security disability, plus my IRA.

The ADA exists to protect the rights of the disabled in the workplace and every place.  It has clout.  The HR department was rightly frightened that I might sue.  Had I done so, I would probably have won the suit.  I had plenty of evidence to show I had done my job and complied with everything I was told to do, except instances in which my disability was causing a problem, and I was in the process of working, through the HR dept., on a means of addressing a problem that still existed.  I was fired simply because my supervisor, like my boss, bore a grudge against my accommodations and chose to ignore my ADD.  When I returned to the workplace to get my things, my supervisor was so angry that I had not “stayed fired” that she refused to speak to me!  HR, however, knew me very well and had taken the time to learn about ADD and the provisions of the ADA.  If your company’s HR dept. doesn’t know about the ADA, you could enlighten them.  They NEED to know; it’s part of their job to be aware of whatever laws affect employee rights.  The ADA’s website is full of information, and ways to contact them for further info and advice about your situation.  MAKE USE OF THE ADA.  It’s there for people like us, and we need all the support and defense we can get!  Best of luck.

Mara

It is well and good to inform the employer of your disability, whatever it may be. However there are multiple other reasons the employer does not hire you when you tell of the disability at an interview. I read and agree with the need to reveal your disability after you are hired. Just be well aware of the job description and know pretty well that you can do the work perhaps with accomodation.

There is too much competition for a new position in your career. As long as the disability does not prohibit your working or doctor’s restrictions I see no reason to tell the employer prior to starting work.
It will be interesting to read your opinion in a post.