Discrimination Against ADHD
According to the National Institute of Mental Health, ADHD is a behavioral disorder that affects children and adults. People who have been diagnosed with ADHD are considered to have a disability, and are protected by federal law against discrimination.
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Americans with Disabilities Act
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The Americans with Disabilities Act protects individuals with ADHD from job discrimination; however, a diagnosis of ADHD does not qualify a person for workplace accommodations. A diagnosis from a mental health practitioner as well as proof that the disability impairs work performance would be required before an employer must provide accommodations such as altering work assignments or moving the workstation to a location where there are fewer distractions.
Rehabilitation Act
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Section 504 of the Rehabilitation Act protects individuals against discrimination from programs that receive federal funding. A qualified individual cannot be excluded from participation, denied benefits or otherwise discriminated against solely because of a disability. Most schools, colleges and universities are included in this legislation, which gives children with ADHD protection against discrimination in school.
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Mental Health Parity and Addiction Equity Act
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The Mental Health Parity and Addiction Equity Act of 2008 requires group health plans of employers with over 50 employees to apply the same limitations on mental health treatment as they do for medical and surgical procedures and treatments.
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References
- Section 508: Section 504 of the Rehabilitation Act
- ADDitude: ADD and Your Legal Rights
- HHS.gov-Centers for Medicare and Medicaid: The Mental Health Parity and Addiction Equity Act
- HR BLR: House Passes Mental Health Parity Legislation
- Find US Law: Americans with Disabilities Act of 1990-ADA-42 U.S. Code Chapter 126
- Photo Credit kids image by Siberia from Fotolia.com
