A problem concentrating can be a disability covered by the Americans With Disabilities Act. For a physical or medical condition to constitute a disability under the ADA three (3) things must be shown: (1) that it is an impairment that (2) substantially limits (3) a major life activity.
Concentrating is a major life activity specifically identified under the 2008 amendments to the ADA as I discussed in an earlier post: What Is a Major Life Activity Under the ADA?
But just any problem concentrating does not rise to the level of one covered by the ADA: To show that the concentrating problem is a substantial limitation it must rise to the level of posing a significant restriction as to the condition, manner or duration of concentrating compared to the average person.
Lexington, Kentucky disability discrimination lawyer Robert Abell represents individuals and employees in cases under the Americans With Disabilities Act; contact him at 859-254-7076.