ADA can protect employment rights of those with ADHD and dyslexia

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Posted by Legal Team On September 8, 2016

If you are a parent whose child has faced struggles in school due to a learning or attention disorder, you may feel a sense of relief when he or she graduates. School can be challenging for all youngsters, but those with learning disabilities truly have an uphill climb; so finishing high school is an accomplishment to be proud of.

If your child is now planning on entering the workforce, it would be understandable if you both felt apprehensive. Perhaps you’re wondering if the learning issues will pose problems for your child getting and keeping a good job. Well, fortunately, the American with Disabilities Act and the Rehabilitation Act of 1973 may offer protections against discrimination for those with ADHD, dyslexia, and similar disorders.

Your child has had to work extra hard to make it this far in life. It would be a terrible injustice if he or she were not afforded a fair chance at having the benefits of employment. If you suspect that your child’s learning disability was a motivating factor in his or her being denied work opportunities, receiving a demotion, being laid off or receiving less pay, it is possible you have a legitimate reason to file a discrimination complaint.

There are a couple of important qualifiers to keep in mind. First, the employer must have been made aware of your child’s disability. Second, the complaint must be filed with the Equal Opportunity Employment Commission within 180 days of the discrimination act’s occurrence, so time is of the essence.

And if you are interested in filing a discrimination complaint, an experienced employee rights attorney may be able to provide you with valuable support and guidance. In such cases, it is possible that your child could receive back pay, be rehired or given the promotion for which he or she was eligible but unfairly denied.