An employee with attention deficit hyperactivity disorder (ADHD) applied for a job and was hired, conditional on

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An employee with attention deficit hyperactivity disorder (ADHD) applied for a job and was hired, conditional on his satisfactory completion of a pre-placement medical screening that included a medical history questionnaire. The employee completed the screening and asserts that he answered the questionnaire truthfully based on his understanding of the questions. Initially, he performed his job satisfactorily without needing any accommodations. However, he was subsequently transferred to a different position that required more multitasking, which he found to be difficult due to his ADHD. He was counseled by his supervisor for performance problems. During that meeting, the employee disclosed that he had ADHD and that he believed that his performance problems were attributable to his ADHD. He confirmed his ADHD diagnosis with a note from his doctor and requested reasonable accommodation for his disability. The employee was sent to meet with the employer’s in-house medical provider. It was the same doctor who had administered his pre-employment screening. Rather than discuss his requested accommodation, the doctor interrogated the employee about his earlier responses to the questionnaire and accused him of falsification. The employee said that he had thought that the questions did not pertain to mental or emotional issues such as ADHD. The doctor reported the employee’s failure to mention his ADHD during the pre-placement medical exam to company managers. A decision was made to terminate the employee because he had not disclosed his ADHD when he completed the medical questionnaire. Did this employer’s handling and use of medical information violate the ADA?

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