Attention Deficit/Hyperactivity Disorder in the Workplace Under the ADA in the Wake of Sutton and Its Companions

Abstract

The terms Attention Deficit Disorder (ADD) or Attention Deficit/Hyperactivity Disorder (AD/HD) refer to a neurological impairment that affects the individual's ability to sustain attention and to behave in a calm, rational manner. Although this disorder has long been considered to be restricted to childhood, recent research has demonstrated that many children carry it over into adult life and take it with them into the workplace. Most U.S. courts have treated AD/HD as a disability covered by the Americans with Disabilities Act (ADA). However, in the summer of 1999, the U.S. Supreme Court made three decisions that will undoubtedly affect the future status of AD/HD and other impairments under the ADA. This article examines those decisions, how they affect the employment rights of AD/HD-afflicted employees, and the changes they will probably bring to litigation in this area. Because we have many reservations about the court's decisions, we not only voice our criticisms of the decisions, but also offer an alternative approach.