Join ADHD Groups!

Click the arrows to expand each group category below

Parents of ADHD Children

ADD Adults

ADHD and Related Conditions

ADHD Professionals

ADHD Resources

Groups by Location

ADHD Adults

discrimination due to ADHD

my employer of two and a half years is requiring me to submit documentation of my ADHD for the first time I don’t quite know how she found out that I have it I never brought it up but she saying that it’s a disability and that I have to submit documentation on it to see if they can reasonably accommodate me or else they may have to let me go I truly feel as if I am being discriminated against because I’ve never claimed it as a disability nor have I ever asked to be reasonably accommodated in the workplace I have thrived in my work place for 2&a half years without being accommodated can she legally require me to submit any of this information oh and I am working towards a promotion currently

Replies

Hello,

Firstly, I sympathize with your current circumstances. I also foster a strong suspicion that someone, whom you might have initially confided in about your ADHD, has been speaking to your boss. It sounds like your boss is “reactionary” and lacks the appropriate experience to deal with his or her direct reports. I would immediately gather all evidence {emails, conversations, letters etc} you have received from your boss in regard to any aspect of your ADHD and for that matter any aspect of your employment where requests have been made by your employer for documentation. I feel you may have a case here as from this point onwards any hope of a promotion has been quashed! I regret to say there may be no road back here for you with this employer so you might be looking at a large compensation claim as your ” career prospects” have been in all likelihood damaged as a direct result of this situation. Get yourself a good lawyer and follow through. Good look!!

Posted by dazzpazz on Jun 16, 2014 at 9:12pm

Something is very wrong here and I smell an interoffice political rat.

If you aren’t claiming your ADHD as a disability I don’t think your employer can require you to document anything - bearing in mind that I have no idea what it is that your job entails.

That whole line about seeing if they can accommodate you or otherwise having to let you go sounds like BS to me.

I’ve been out of HR for a long time. Be interesting to see what more current or learned folks have to say. This pegs pretty high on the crap-op-meter though.

Posted by ADDedValue62 on Jun 16, 2014 at 9:21pm

Make sure you get everything in writing.  If you can, I’d ask for the reasons they want documentation in writing, and why they would have to let you go in writing.  Something is not right.  Can you ask her to explain further (in writing), so you can” get the proper documentation”?  There may be misunderstanding, but It does sound like discrimination.  If she’s looking for a reason to let you go, this would not be a good way to do that.  You have to be let go properly.  Document everything.  You may want to ask what you would be let go for, and see what she’s thinking.

Posted by whizinc on Jun 17, 2014 at 4:02am

I would contact the Equal Employment Opportunity Commission http://www.eeoc.gov/policy/docs/guidance-inquiries.html
to find out what your rights are. I wouldn’t disclose a single thing until then.

Posted by Juggler on Jun 17, 2014 at 5:27am

If you have not disclosed or asked your employer for any special accommodations for ADHD, they should not be asking you about it nor should they have any knowledge of it.  Your diagnosis of ADHD is part of your Health Record and is protected by HIPAA.  If someone has obtained your health information without your permission or knowledge, than a violation of the law has been committed and should be reported to the OCR. If you feel your health information has been obtained illegally, I certainly would report it and obtain a lawyer that specializes in HIPAA law violations.
See this link for more info: http://www.hipaa.com/2013/10/the-reality-of-hipaa-violations-and-enforcement/

Posted by spage_hasADD on Jun 17, 2014 at 7:18am

Here is another good side from HHS…
http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/

Posted by spage_hasADD on Jun 17, 2014 at 7:18am

More information from EEOC:
http://www.eeoc.gov/eeoc/publications/ada18.cfm

Posted by spage_hasADD on Jun 17, 2014 at 7:18am

Yep, if you aren’t trying to get accommodations for your ADHD (and there’s been no mention of having ADHD by you) then however the supervisor found this out was a clear HIPPA-ish violation.  Sounds like a co-worker ratted you out (or merely speculated), in which case there wasn’t a clear HIPPA violation (not medical files that got in the wrong hands). 

I would be very blunt about it, send an email back saying that you had not disclosed this personal information to the supervisor, or to HR, and had never asked for any accommodations for it so therefore you want to know how the supervisor got this info before you even think about providing any kind of “documentation” whatsoever.  Next I would ask the supervisor to provide the legal statutes which give her the right to request this non-public information from you.

Posted by BC on Jun 17, 2014 at 9:09am

Reply to this thread

You must be logged in to reply. To log in, click here.
Not a member? Join ADDConnect today. It's free and easy!

Not a member yet? Join here »


Important! User-Generated Content

The opinions expressed on ADDConnect are solely those of the user, who may or may not have medical training. These opinions do not represent the opinions of ADDConnect or ADDitude magazine. For more information, see our terms and conditions.