We have an employee that makes multiple mistakes and gets distracted easily, so she doesn’t get her work done. She made an off-handed comment to her supervisor that she has ADD, but we have no confirmation on that.

A couple of questions:

1)      Can we require proof that she has ADD?

2)      Is ADD covered under the ADA?

3)      What would be a reasonable accommodation?  Can we ask her what she would consider a reasonable accommodation?

You are very smart to be asking this question.

You definitely need to take this seriously.

The EEOC says you may require the employee to provide medical certification of an ADA issue: https://www.eeoc.gov/policy/docs/guidance-inquiries.html

B. Scope and Manner of Disability-Related Inquiries and Medical Examinations

10. What documentation may an employer require from an employee who requests a reasonable accommodation?

An employer may require an employee to provide documentation that is sufficient to substantiate that s/he has an ADA disability and needs the reasonable accommodation requested, but cannot ask for unrelated documentation. This means that, in most circumstances, an employer cannot ask for an employee’s complete medical records because they are likely to contain information unrelated to the disability at issue and the need for accommodation.⁽⁵³⁾

Documentation is sufficient if it: (1) describes the nature, severity, and duration of the employee’s impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits the employee’s ability to perform the activity or activities; and, (2) substantiates why the requested reasonable accommodation is needed.

Example: An employee, who has exhausted all of his available leave, telephones his supervisor on Monday morning to inform him that he had a severe pain episode on Saturday due to his sickle cell anemia, is in the hospital, and needs time off. Prior to this call, the supervisor was unaware of the employee’s medical condition.

The employer can ask the employee to send in documentation from his treating physician that substantiates that the employee has a disability, confirms that his hospitalization is related to his disability, and provides information on how long he may be absent from work.⁽⁵⁴⁾

Here is another article by an attorney.

https://www.nolo.com/legal-encyclopedia/can-doctor-suggest-reasonable-accommodations.html

Here is what askjan.org says about this issue:

https://askjan.org/disabilities/Attention-Deficit-Hyperactivity-Disorder-AD-HD.cfm

These links should put you on the right track. Let me know if you have any other questions!