ADA ADD AAAAGH

November 2, 2008 4:08 PM

My problems with ADHD have reached the point where my employer of two years wants me to fill out paperwork requesting "reasonable accommodations" through the Americans with Disabilities Act. What now?

I'm in my mid-twenties, and I love my job. I've been working at least part-time since high school, so I'm no wide-eyed infant when it comes to employment. My current job, however, is my first serious full-time non-temp job out of college, is perfect for me at this time in my life, and losing it would feel catastrophic.

Regardless, my status here has been precarious since day one. I was diagnosed with ADHD a few years ago (my senior year of college) and have been on Adderall since then. It's helped me tremendously, but I still have problems - particularly with time management (I'm frequently late, to the point where I've missed several important meetings and trainings) and disorganization. Since I've arrived, my initial probationary period was extended by 30 days, I've received a verbal warning, two written warnings, and I've been put on an "improvement plan." The consensus is that I'm fantastic when I'm there and working, and so far my talents have outweighed my deficits, but the problems can't continue.

I'd actually been doing much better for several months, but then I decided to try some different ADHD meds, which was a big mistake - they didn't work well at all, so for August and September I was essentially unmedicated, and everything fell apart again. I had a meeting last week with my boss and her boss, and they requested I fill out ADA paperwork . This includes a section for my doctor to complete, and also a section where I can ask for "reasonable accommodations" for my disability.

So, my questions, because I'm pretty baffled by this process. Would speaking to a lawyer be worthwhile? Will this have unpleasant consequences far in the future, especially if I want to go into a medical field? What reasonable accommodations are...reasonable? I'm really not sure what to ask for. Like many people with ADHD, I've been beating myself up for so long that I find it odd to think of myself as having a disability that deserves accommodation in the first place. A more flexible schedule seems like an obvious request, but much of my day involves meeting with clients during specific hours, so I can't do much there. I should also mention that we're very short-staffed and they definitely want to keep me, as long as I can keep my shit together.

If it matters, I'm in all kinds of treatment - individual CBT therapy, group DBT therapy, meds, plus everything I can think of on my own. I'm definitely not complacent about my problems, which makes all this especially discouraging and scary.

If anyone has any experience with or insight into a situation like this, please share your thoughts. This is in California, if it matters. Throwaway e-mail account: [e-mail]. Thank you!

posted by anonymous to work & money (11 comments total)

It almost seems like your employer is trying to help you out. But also covering their asses. Basically getting you on the record that you have different needs so you'll be protected by the ADA law should someone want to fire you.
posted by gjc at 4:23 PM on November 2, 2008

It sounds like your workplace is really trying to help you out. What's "reasonable" under the ADA depends on the job, the person, and the business. What the law really wants is for you and your employer to engage in an interactive process to try and work out what works for everyone. It should not result in negative consequences for you -- the process is supposed to help you. If you feel like the things you are asking for are reasonable and they won't do them, or offer some kind of alternatives, then you might want to see a lawyer, but really, it sounds like they're trying to help. Maybe it means scheduling most meetings after lunch. Maybe it means your secretary/admin/someone reminds you when you leave/calls you in the morning when you do have morning meetings. Maybe it means time off from work (unpaid) for doctors appointments/therapy, or extended time off when you change meds. Also, this should not mater far into the future; certainly not as much as it would be when you're fired for not performing your work well (which it sounds like they would be well within their rights to do).

(I am not your lawyer; this is just general thoughts; this is not legal advice; these are just my off the cuff thoughts based on your facts).
posted by dpx.mfx at 4:24 PM on November 2, 2008

I think it would be a good idea to talk to an employment lawyer. (I'm an employment lawyer and we counsel people in your situation.) Make sure you make clear that you're not looking to sue right now, you just want advice on the ADA "interactive process" (that's the technical term for exploring reasonable accommodations with your employer.) There were just major amendments to the ADA that may be relevant to your situation. (You may also be covered by a state law; that's why you need to talk to a lawyer in your state.) To find an employment lawyer, try the National Employment Lawyers Assocation
posted by footnote at 4:31 PM on November 2, 2008 [1 favorite has favorites]

Is this a large company or something smaller?

If I were your company and I wanted to get rid of you, this would be one of the last things I would do since, as I understand it, reasonable accommodations buys your employers some definite responsibilities. It might be that this allows your supervisor some flexibility regarding some company requirement or another. It might also be them moving to protect you from someone on high who would always choose punctuality over competence.

I'd talk to my therapist about this, and also about the sorts of accommodations that it might be reasonable to request.
posted by Kid Charlemagne at 4:32 PM on November 2, 2008

I had/have ADHD problems and successfully countered them by having a blackberry. It helps me keep the minutiae of my calendar. As soon as I learn of an engagement, I put it in the blackberry's calendar. I make sure the reminder is set. Then, every night I check what I'm doing the next day. I do the same thing every morning.

You can do the same thing with a daytimer.

I know that this is not directly related to your question but it may help.
posted by Pants! at 4:41 PM on November 2, 2008

Totally reasonable request.

You want accommodations? Go through the procedure.

There is also no problem with you consulting legal counsel, but it sounds like they've spoken to their attorneys and they are making a good-faith effort to accommodate you.
posted by Mr_Crazyhorse at 4:57 PM on November 2, 2008

The remarks by Pants! are "directly related", despite his disclaimer. The one accommodation that the OP can benefit from is an organizational tool, whether it be a Blackberry or something else. He could take a look at ADHD Tools: Planning Software for ADD Adults for some ideas.
posted by yclipse at 5:07 PM on November 2, 2008 [4 favorites has favorites]

I think you really ought to consult with an attorney who specializes in Employment Law in your state - because - and I am not an expert at all in this area and am not giving you advice - as far as I know ADHD doesn't qualify as a disability under the ADA. Just from a common sense perspective - they know what your weaknesses are and if they wanted to keep you and accommodate your chronic lateness and etc. - they could do that without getting a note from your doctor. This sounds like they might be getting their ducks in a row to get rid of you. Plus - are there consequences to declaring yourself incapable of working without accommodation? I don't know - but you better find out.
posted by moxiedoll at 6:14 PM on November 2, 2008

The ADA does not specify which conditions count as disabilities. Instead, it states that you are disabled if you have a condition that substantially limits "one or more major life activities". Life activities include hearing, walking, taking care of yourself, etc... and also working. So that doesn't rule out ADHD but it doesn't "rule it in" either.
posted by Cygnet at 6:36 PM on November 2, 2008

Seconding something like a Blackberry to keep you organized. It can be as simple as a cellphone if it has a built-in calendar with alarm (may I un-suggest my piece-of-crap Sony Ericsson z310a with its barely audible calendar beep). Keep it and whatever calendar software you have synced up (I think it's even possible to make syncing automatic, i.e. you don't even have to push "Sync" for it to happen). As soon as something comes up, put it in your calendar. Don't wait to put it in, and don't let it sit on paper...get it into something electronic and then sync it up.

As far as disorganization, it helps me to have as few things to organize physically as possible. This may or may not work for you, but I like to get any relevant document in digital format so that I can organize it and search for it on my computer.

If you're still having problems then your current medication may not be sufficient. You might want to look into options like increasing dosage or release method. There's a new medication called Vyvanse that is chemically similar (or identical?) to Adderall that features a new form of slow-release. It may help to give you a more steady stream of medication throughout the day.

You have had bad time management and organizational skills. These are skills that have to be learned. It's good that you're going to these different forms of therapy, but I hope that they are focusing on the what and the how rather than the why. In other words, is your therapist helping you figure out steps to take to be on time and techniques to become organized? In my experience, the key to working through ADHD isn't changing the way you think, it's changing the way you behave.
posted by Deathalicious at 6:54 PM on November 2, 2008

Nthing the Blackberry and consolidation suggestions.

I would further recommend that the Blackberry be something you buy yourself. This way there's no disruption if this employer doesn't pan out and you have to move on. You can always negotiate for them to pay you a portion of the monthly bill if it's to be used a significant amount for business. Either that or take the tax write-off.
posted by arishaun at 10:34 PM on November 2, 2008