Legal

Individuals with ADHD often seek accommodations in the workplace or educational settings to maximize their potential and succeed. While a diagnosis of ADHD is typically the initial step in accessing treatments and interventions for its symptoms, it does not automatically entitle an adult with ADHD to accommodations in the workplace or in higher education. This section offers a summary of the legal requirements and protections available to individuals properly diagnosed with ADHD.

This information is provided for informational purposes only and is not intended as legal advice. You should consult your attorney to obtain advice regarding any specific issue or problem.

 Americans with Disabilities―RA and ADA (including ADAAA)

Two federal laws—the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990, along with the ADA Amendments Act of 2008—broadly forbid discrimination against individuals with disabilities in higher education and employment. Additionally, some state laws may offer more extensive protections against discrimination. Adults with ADHD may qualify for protection and accommodations in higher education and employment under these state laws.

 The Family and Medical Leave Act (FMLA) mandates that certain employers grant eligible employees up to 12 workweeks of unpaid, job-protected leave within any 12-month period for one or more of the following reasons.:

• for the birth and care of the newborn child of the employee
• for placement with the employee of a son or daughter for adoption or foster care
• to care for an immediate family member (spouse, child or parent) with a serious health condition
• to take medical leave when the employee is unable to work because of a serious health condition

Employees and family members dealing with ADHD may consider the Family and Medical Leave Act (FMLA) to address specific needs associated with ADHD, provided that ADHD meets the criteria for a serious health condition as stipulated by the law. For detailed information about FMLA, it is advisable to review your employer's FMLA policy or consult with the human resources department. Additionally, the US Department of Labor's website offers a variety of fact sheets that can be a valuable resource on this subject.

Finding an Attorney or Legal Advocate

Individuals with ADHD may face discrimination or challenges in obtaining disability services or accommodations in various settings, such as workplaces or educational institutions. To secure these services or accommodations, it may be necessary to seek the assistance of an attorney or legal advocate with expertise in disability rights. Here are some tips for finding an attorney experienced in disability law:

American Bar Association (ABA) Directory of State and Local Bar Associations 
Contact your local bar association and seek out a lawyer specializing in disability rights.

National Disability Rights Network (aka Protection and Advocacy & Client Assistance)
The National Disability Rights Network (aka P&A/CAP System) comprises the nationwide network of congressionally mandated, legally based disability rights agencies. They can provide legal advocacy for persons with disabilities in certain civil―not criminal―legal matters.

Special Needs Alliance (SNA) 
A national, nonprofit organization of attorneys dedicated to the practice of disability and public benefits law. Individuals with disabilities, their families and their advisers rely on the SNA to connect them with nearby attorneys who focus their practices in the disability law arena.

Legal Services Corporation (LSC) 
LSC is an independent 501(c)(3) nonprofit corporation which funds 134 independent nonprofit legal aid programs providing legal assistance to low-income individuals and families throughout the United States.

Council of Parent Attorneys and Advocates (COPAA) 
The Council of Parent Attorneys and Advocates, Inc. (COPAA) is an independent, nonprofit peer-to-peer network of attorneys, advocates, parents and related professionals dedicated to protecting and enforcing legal and civil rights of students with disabilities and their families at the national, state and local levels.