• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does this violate ada?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Freebirddd

New member
My partner and I live in MA and he worked in IT. He was fired a month after telling his boss he'd just been diagnosed Adhd; his boss fired him for issues with focus and attention to detail. My partner says accomodations were not offered to him; I'm unclear as to whether he asked to begin with. The firing came very out of the blue, as his boss had told him he was improving and did not ever seem to complain about the technical work, only vaguely complained about his "attention to detail". I don't want to make a big deal of this unless I'm fairly certain it was an ADA violation--I think it isn't based on the technicality that my partner didn't ask for accomodations. Any advice is appreciated.
 


quincy

Senior Member
My partner and I live in MA and he worked in IT. He was fired a month after telling his boss he'd just been diagnosed Adhd; his boss fired him for issues with focus and attention to detail. My partner says accomodations were not offered to him; I'm unclear as to whether he asked to begin with. The firing came very out of the blue, as his boss had told him he was improving and did not ever seem to complain about the technical work, only vaguely complained about his "attention to detail". I don't want to make a big deal of this unless I'm fairly certain it was an ADA violation--I think it isn't based on the technicality that my partner didn't ask for accomodations. Any advice is appreciated.
Your partner needed to request accommodations of the employer if s/he wanted accommodations.
 

cbg

I'm a Northern Girl
Agreed. It is the responsibility of the employee to make it clear that they are requesting accommodation - telling the employer that such a condition exists is not generally considered sufficient. There is even a school of thought that to offer accommodation in the absence of an express request is in itself a form of discrimination - "how dare you assume I can't do my job without help". If your partner never requested an accommodation then I can't see a complaint going anywhere - and HE would have to make the complaint - you cannot.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top