TikTok user Twoflwr has found herself in the perfect position for retribution after her place of work decided to cut contact with her via text. If it wasn’t enough to have a grown adult in a position of power opt for a teenager’s preferred method of mean-girling-it-up, the reason the TikToker was being let go knocked it out of the park. In a massive violation of the ADA (Americans with Disabilities Act), her employer “cut ties” after discovering that Twoflwr had ADHD, something the poster was not required by law to reveal and willingly shared with her employer — something the ADA encourages those with disabilities to do but in no way requires.
But wait, it gets worse! Twoflwr got confirmation from her co-worker that her unceremonious sacking did indeed revolve around her disability before deciding to escalate the matter to the attention of the federal government. According to the ADA, 18.5% of workers, about one in five employees, have a “psychiatric disability” — of that group, 4% have ADHD (attention deficit/hyperactivity disorder). ADHD is a very manageable but chronic condition characterized by difficulty keeping on task, high amounts of energy, and impulsive decisions. There are a myriad of methods for coping with ADHD, from medicines and therapy to education and training.
There are loads of debunked myths about how those with ADHD are unable to work stressful or demanding jobs or have “weak personalities or had bad childhoods,” but the ADA has a wonderful page dispelling any erroneous information, all of which is available on the same page that says employers can’t discriminate against an employee for their mental health. But we’re guessing that Twoflwr’s former employer never bothered to read all of that information in the first place. We don’t have context on whether or not the TikToker was asking for accommodations while at work or if she just casually mentioned her mental disability, but the ADA lays protections out either way — unless her employer has less than 15 employees.
A quick perusal of discrimination cases from the last few years shows payouts ranging from $75,000 to $250,000, making this one expensive lesson for this employer. It will take some time before Twoflwr sees anything substantial from this lawsuit, but we’re not too worried about her prospects. The job market might not be flush at the moment, but her eloquent clap-back is everything a recently fired employee dreams of throwing at their employer, and she kept it professional to boot. Her former boss could learn a thing or two.
Published: Aug 23, 2023 02:15 pm