What You Need to Know About the Americans with Disabilities Act by ADDitude (Magazine) Editors

The Americans with Disabilities Act includes ADHD as a disability. Find out what it means for you.

What is the ADA?

The Americans with Disabilities Act, or ADA, was established by Congress in 1990. The purpose of the law is to end discrimination in the workplace and to provide equal employment opportunities for people with disabilities.

What employers are covered by the ADA?

The ADA applies to businesses with 15 or more employees. This includes:

• private employers
• state and local governments
• employment agencies
• labor organizations
• and labor-management committees

Is ADHD included in the ADA?

Yes. The ADA provides for "mental" conditions or mental illnesses, but as with physical impairments, the diagnosis of a mental illness or mental impairment is not sufficient to qualify an employee for protection under the Act.

The following conditions must be met for ADHD to qualify for coverage:

• It must cause significant impact or limitation in a major life activity or function
• The individual must be regarded as having a disability
• The individual must have a record of having been viewed as being disabled.
• The applicant must also be able to perform the essential job functions with or without accommodations to qualify as an individual with a disability under the meaning of the Act.

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