Quick Hits

• EEOC data shows a rise in disability discrimination charges related to neurodiversity in recent years.
• The federal Americans with Disabilities Act (ADA) covers certain conditions associated with neurodivergence.
• It is unlawful to discriminate, harass, or retaliate against workers with disabilities related to neurodivergence.

Neurodiversity generally refers to medical conditions that cause the brain to function differently than the typical pattern. These conditions include autism, attention-deficit hyperactivity disorder (ADHD), dyslexia, sensory processing disorder, and Tourette’s syndrome. In many cases, people with those conditions meet the ADA definition of disability. The ADA covers physical and mental impairments that substantially impair a major life activity, such as sleeping, eating, speaking, and reading.

EEOC merit resolutions related to autism more than doubled from 0.4 percent of total merit resolutions in 2016 to 1.5 percent of total merit resolutions in 2023. Likewise, merit resolutions related to “other neurological impairments” accounted for 4.2 percent of total merit resolutions in 2023, up from 3.2 percent in 2016.

The increase in EEOC charges may reflect societal trends as Americans became more aware of neurodiversity, and more children and adults received diagnoses related to neurodiversity in recent years.

About 11 percent of U.S. children aged three to seventeen years had ever been diagnosed with ADHD in 2022, up from 8 percent in 2008, according to the U.S. Centers for Disease Control and Prevention (CDC). The percentage of children diagnosed with autism more than quadrupled from 0.006 percent in 2000 to 0.028 percent in 2020, according to the CDC.

A variety of reasonable accommodations could be helpful for a neurodivergent worker, depending on the symptoms, the severity of the condition, and the type of job. Employers can use the interactive process to identify accommodations that would be suitable for the individual without being an undue hardship for the employer.

If an employee has an ADA-qualified disability involving neurodivergence, it is illegal to discriminate or harass that employee because of the employee’s condition. It is also unlawful to retaliate against that employee for reporting an ADA violation.

10 Tips for Accommodating Employees With Autism

Employers may wish to review their written policies and practices to ensure that they are adequate to prevent discrimination, harassment, and retaliation against workers who have an ADA-qualified disability related to neurodivergence.

Regarding employees with autism, employers can consider a variety of reasonable accommodations, depending on the individual needs and the nature of the job. Here are ten possibilities to consider:

1. Flexible Work Schedules: Allowing adjustments to start/end times or offering part-time options can help reduce stress and accommodate sensory or routine preferences.

2. Quiet Workspaces: Providing a low-noise area, noise-canceling headphones, or a private office can minimize sensory overload.

3. Clear Communication: Offering written instructions, checklists, or visual aids alongside verbal directions can improve understanding and task completion.

4. Structured Environment: Maintaining consistent routines, predictable schedules, and advance notice of changes can help reduce anxiety.

5. Sensory Adjustments: Modifying lighting (e.g., reducing fluorescent lights), allowing comfortable clothing, or minimizing strong odors can address sensory sensitivities.

6. Job Coaching or Mentorship: Assigning a supportive supervisor or peer to provide guidance and feedback can help employees learn job tasks and workplace norms.

7. Breaks as Needed: Permitting short, scheduled breaks to recharge can help manage fatigue or prevent becoming overwhelmed.

8. Task Modification: Breaking tasks into smaller steps, focusing on strengths (e.g., detail-oriented work), or adjusting nonessential duties can enhance productivity.

9. Assistive Technology: Tools like speech-to-text software, organizational apps, or timers can support focus and communication.

10. Social Support: Offering training for coworkers on autism awareness or excusing noncritical social events can ease interpersonal pressures.