Court’s Holding that ADHD is not a Disability Under the ADA Leaves California Employees Free to File Under State Law

Weaving v. City of Hillsboro, 763 F.3d 1106 (2014), involved an Oregon police officer who claimed he was terminated because of his disability, ADHD (Attention Deficit Hyperactivity Disorder). The jury found for Officer Weaving, however the Ninth Circuit took his verdict away, claiming that ADHD may have limited his life functions of working and/or interacting with others, but it did not “substantially” limit those life functions.

It is a pity for Officer Weaving that he didn’t work in the State of California, where a disability is defined by statute as “limiting” rather than “substantially limiting” a life function. California employees can certainly argue that ADHD is a disability because of this difference. California employees should always file a charge with the Department of Fair Employment and Housing (the DFEH, the California state agency governing employment discrimination and/or have the Equal Employment Opportunity Commission (the federal agency) cross-file the claim with the DFEH.

December 9, 2014 Jody I. LeWitter