LOS ANGELES: Nicole Hogger successfully sued for disability discrimination as she claimed the term disorganised “undermined” her and “violated her dignity”.

She was awarded the money in compensation after arguing she had been treated unlawfully because of her ADHD (Attention Deficit Hyperactivity Disorder), winning claims of disability harassment, disability discrimination, and unfair constructive dismissal.

Cambridge Employment Tribunal ruled in her favour, finding that Ms Hogger had been harassed.

She will receive £34,686 after suing Genesis PR, the company based in Ipswich, Suffolk, where she worked as a PR account manager.

Her manager, Alison Straker, used the word when Ms Hogger missed an important meeting without telling anyone she would be absent, a tribunal heard.

Ms Straker also alleged that she would miss calls because she had “been out for a massage, to Starbucks, or to the supermarket”.
‘Time for her to take a new path’

Ms Hogger joined Genesis PR in 2018 as a senior PR account executive, before being promoted to PR account manager in 2020.

Ms Straker initially “championed” her promotion because of her effective work, becoming her line manager in 2021.

But Ms Hogger was diagnosed with ADHD in 2021 after her doctor found she showed “poor organisation, forgetfulness and difficulty getting started on tasks requiring significant mental effort”.

However, Ms Hogger never gave this report to her employers, instead mentioning the diagnosis to Ms Straker privately.

In June 2023, Ms Straker spoke to Ms Hogger about her missing the start of an important meeting. Ms Hogger would sometimes tell her colleagues that “she had been out for a massage, to Starbucks or to the supermarket”.

The following day, Ms Hogger resigned, writing a letter that she “felt it was time for her to take a new path”.

Employment Judge Roger Tynan concluded that Genesis PR did not consider Ms Hogger’s ADHD and awarded her £34,686 in compensation.

Discussing the “disorganised” comment, Judge Tynan said: “In our judgment, even if this was not intended, Ms Straker’s comments undermined [her].

“They served to highlight her disorganisation without, however, suggesting any practical steps to avoid a similar situation arising in the future.

“There was little, if anything, that [Ms Hogger] could usefully do with the feedback. Ms Straker maintains that it was intended as constructive feedback.

“We suggest that a more constructive approach would have been to explore with [Ms Hogger] whether and, if so, what steps might be taken to raise awareness of her condition, and indeed other neurodivergent conditions, within the workplace, or at least amongst [Ms Hogger’s] immediate colleagues.”