Attention Deficit Disorder: No Disability Discrimination Lawsuit, Employer Not Informed Of Condition

Legal Eagle Eye Newsletter for the Nursing Profession

(5)3 Mar 97 

   Quick Summary: The Americans With Disabilities Act puts responsibility on the employee to inform the employer about a disability and the need for reasonable accommodation. 

   The burden is not on the employer to determine why an employee fails to perform satisfactorily. Poor performance may be caused by any number of factors apart from a legally-recognized disability.  UNITED STATES DISTRICT COURT, MINNESOTA, 1996.

   The nursing home’s activities director’s firing over false entries on his time card was the culmination of ongoing problems with tardiness, unexplained disappearances and generally disorganized job performance. Three weeks after being fired, the activities director wrote a letter requesting a medical leave of absence to get treatment for attention deficit disorder, which the nursing home refused. Then he filed charges of disability discrimination and sued.

   The U.S. District Court for Minnesota threw out the suit. An employer is not expected to know that an employee with performance problems has a disability.

   Instead, the court ruled, the Americans With Disabilities Act puts the burden squarely on the employee to inform the employer of any disability and the need for accommodation. Offering assistance with planning and organization skills does not mean the employer thinks the employee has a disability. Lippman vs. Home, Inc., 945 F. Supp. 188 (D. Minn., 1996).