Issues and Concerns for Adults
with LD and ADD in the Workplace

One of the biggest challenges for adults living with learning disabilities and/or attention deficit disorder is to understand their civil rights as a person with disabilities, and to become good self-advocates in the workplace. What makes it hard is the pain and frustration these adults endure. Most live in a constant state of fear of being discovered and work well below their potential. Despite tremendous talents, this fear prevents many of them from asking for accommodations that would allow them to achieve their potential.

Disability law guarantees equal opportunity and creates ways in which to receive accommodations in the workplace. What prevents this population from getting the accommodations they need to become successful employees? This article will explore some of these issues along with providing a basic understanding of disability laws and offer suggestions oh how to overcome some of these difficulties.

This article is intended to offer only information of a general nature and is not intended as legal advice.

Are ld/add Persons Protected from Discrimination?

The law (the ADA, Massachusetts Law 151B and Section 504 of the Rehabilitation Act) protects individuals who have a physical or mental impairment that substantially limits one of more of such person's major life activities. This protection includes both persons who have a record of an impairment or are regarded as having an impairment. Both LD and ADD conditions are considered under the law as "mental impairments" because these conditions can substantially limit the ability to learn and work. A person or employee with LD/ADD is thus protected from discrimination.

"Qualified individuals with disabilities" are protected in employment. These are candidates and employees who have the necessary skills, experiences, and training that the job requires as well as the ability to perform the essential functions of the job with an accommodation if needed.

What Are Your Rights?

Qualified individuals with disabilities cannot be discriminated against in all terms and conditions of employment including but not limited to; the application process, hiring, promotions, training, transfers, terminations, benefits and pay. The law also provides that these individuals have a right to a reasonable accommodation if it is needed.

What Are Reasonable Accommodations?

Reasonable accommodations are modifications and adjustments that ensure equal opportunity and enable the qualified person with a disability to apply for, or perform the job. Some examples for accommodating employees with LD/ADD might be providing adaptive equipment such as spell checks or Dictaphones; providing additional time to learn new job tasks or to complete assignments; providing partitions to lessen distractions in the work area; exchanging marginal, problematic job duties with another employee. An employer's legal obligations do not end in cases where necessary accommodations is excessively costly. The employer would still be required to find other ways to make accommodations.

Is It Necessary to Disclose?

Generally speaking, one should disclose when, and if an accommodation is needed. Disclosure is an individual choice and should be chosen on an individual basis. Your employer need not ever know you have a disability unless you need an accommodation. Since an employer need only accommodate the known disability of an employee by law, the affected employee must disclose the disability in order to obtain accommodations. Points of disclosure might include: • the application process • training classes • performance evaluations • promotions It is imperative for professionals with LD/ADD to evaluate their situation honestly and realistically and if an accommodation is need, ask for it! DO NOT WAIT UNTIL SERIOUS ON-THE-JOB PROBLEMS DEVELOP.

Persons with LD/ADD frequently wait until they are at risk of losing their job to disclose. Usually at this point the employer/employee relationship has been so torn by feelings of frustration and anger that it becomes virtually impossible to repair.

Why is it so Difficult for Professionals With LD/ADD to Request Accommodations in the Workplace?

FEAR! Employees with LD/ADD unilaterally state fear as their major reason for not requesting reasonable accommodations. Fear of losing their job either because of retaliation or attitudinal barriers from the employer and/or coworkers. Fear that if they disclose, they will lose credibility and not be considered for promotions. Fear that they will not be seen as "qualified" because of needing to perform the work in slightly non-standard ways. Additionally, professionals with LD or ADD are often concerned about the unpredictable and inconsistent nature of their disorder. As the increased demands of the ever changing workplace are faced, professionals with LD or ADD are often concerned about the unpredictable and inconsistent nature of their disorder. As the increased demands of the ever changing workplace are faced, processionals with LD or ADD are forced to compensate. Feelings of fear escalate and well developed coping mechanisms are strained, particularly as LD/ADD related problems wax and wane.

Despite all the civil rights laws that exist today the fact remains that people with disabilities are perceived as "different". This alone can lead to intentional or unintentional discrimination. People with LD/ADD are somewhat shielded from "first impression" discrimination by the invisible nature of their disability. However, the invisible nature of the LD/ADD employee is that it is difficult to prove to the employer and others that which they themselves have not experienced and cannot see or feel. It can thus be very difficult for employers and others that which they themselves have not experienced and cannot see or feel. It can thus be very difficult for employers and others to believe and/or to understand. This heavy burden of proof can be so severe and relentless as to devastate the LD/ADD employee.

The competitive and fast paced nature of today's work environment sets up a situation for reasonable accommodations to be seen as requests for special considerations. Because LD/ADD creates difficulties with the in-take, processing and retrieval of information, it affect the style and manner in which job tasks are performed. Often this means that an employee with LD/ADD may perform his/her job tasks differently than co-workers. Furthermore, many employers know little if anything about LD/ADD or understand how to accommodate these disabilities. Even fewer employees have the ability or the patience and creativity it sometimes takes to maximize the tremendous workplace strengths that LD/ADD Employees possess.

Ed Note: Nancy Blackmore Ratey, Ed.M is a Community Compliance coordinator for the Massachusetts Office on Disability helping to enforce the Americans With Disabilities Act. She also works as a consultant to the MA Vocational Rehabilitation Commission, and as a coach to persons with ADD. She is Founder and co-director of National Coaching Network.

She is also the wife of Dr. John Ratey who co-wrote Driven To Distraction and Answers To Distraction with Dr. Ned Hallowell.

This article was published in FOCUS, the Official Newsletter of the National Attention Deficit Disorder Association, Issue #1, Vol1, Summer 1995. Contact ADDA at PO Box 1610, Valparaiso, IN 46384-1610 for further information regarding their newsletter.