Scott M. Peterson was recently contacted to provide comments for an article in the Albany, NY Time Union's “Women At Work” Magazine.The piece, which appeared in the March/April issue of the magazine, focused on the rights of women with ADHD in the workplace.
As discussed in the article, women (and also men) with ADHD may not be entitled to a “reasonable accomodation” in the workplace, unless they are able to establish that their ADHD is sufficiently severe so as to constitute a disability under the New York State Human Rights law and/or American's with Disability Act (“ADA”).
These laws generally require that an employer provide an employee with a reasonable accomodation for their disability, however not all conditions will qualify. The condition must, generally, substantially impair a major life activity. While ADHD may do just that for some who live with the condition, it may not for others. For this reason it is important to speak with a physician and obtain a diagnosis of the condition. It may also help to have a note from a physician describing the severity of the condition, as well as the accomodations that may be necessary to allow the individual to perform his or her job duties.
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Representing plaintiffs in employment and serious injury matters.