Americans w/Disabilities Act form; Any Laws broken if new employee did not reveal his upon hire?
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A new employee did not claim any known Disabilities upon hire; he did not think he would need any "accomodations". In Orientation,it was apparent that he had problems w/comprehension, prioritizing, organizing. Plus, colorful, immature types of behaviors that "stood out" in a subdued corporate environment. A wk After his 90 day below average evaluation; he was counseled, written up & put "on warning". He worked persistently to improve his skills & modify behaviors. He was taken off "warning status" at 7-8 mos. At this time, he told his Supervisor that he had started meds/treatment for ADHD & Depression/Stress Disorders & also had a history of severe PTSD from many childhood abuses; & is over 10 yrs.sober from prior alcohol abuse. His Super has become frustrated w/his inabilites to "get it" as quickly others & talks to him in caustic/empirical tones; Which now trigger Panic Attacks from anxiety of "not doing good enough". Per the ADA, is he allowed to ask for accommodations a yr. later?
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Answer:
He does not need to if he does not think his disability will be a factor in the job. However if later he finds out it is a problem he should tell them. They can not fire you for not knowing it is a problem. They do not have a right to your health records nor do you have to tell then=m unless it will keep you from doing the job. Your excuse would be you did not understand the requirements or definition of job duties when you applied
ReaLee at Yahoo! Answers Visit the source
Other answers
First understand that the ADA only requires accomidations that can be done within reason of company costs. And if these accomidations will allow the employee to preform the needed main parts of the job. They are not required to change the job to fit his ability. They may have him seek mental health couseling and the such. Also he lied ( did not list) medical issues on his application, which give them a legal reason to fire him also) so I am not sure that first this would even far under the act, second if it did , what accomidations they could provide to allow hiim to do the job in the same manner as the others.
fr_chuck
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