We Protect Workers

Neurodivergence and disability discrimination

Neurodivergent individuals’ brains function differently from what may be considered typical. It affects how they learn, communicate and interact with people and the world around them.

However, that diversity leads to bias and discrimination in the workplace.

A more inclusive workplace

The first step to creating a more inclusive work environment is understanding that neurodivergence is an umbrella term for a wide range of neurological differences, such as:

  • Autism Spectrum Disorder, including Asperger’s
  • Attention-Deficit/Hyperactivity Disorder (ADHD)
  • Dyslexia
  • Tourette Syndrome
  • Obsessive-Compulsive Disorder (OCD)

Neurodivergent people aren’t less capable, they just process information differently. Still, they face discrimination in the following ways:

  • Being labeled “unfriendly,” “not team players,” or “lazy,” because they approach work and communication in different ways
  • Employers fail to provide reasonable accommodations, such as a quiet workplace for autistic employees who find open office arrangements overwhelming or give written instructions instead of verbal ones
  • Bullying or microaggressions like teasing someone for stimming (repetitive movements or actions people engage in to self-soothe or regulate their emotions)
  • Being overlooked for promotions because of doubts about their abilities

Some neurodivergent individuals’ conditions meet the definition of disability according to the Americans with Disabilities Act (ADA). In addition, the California Fair Employment and Housing Act (FEHA) offers substantial workplace protections. 

According to both agencies, it’s illegal for employers to discriminate against neurodivergent employees. California law states that employers must engage in an “interactive process” when employees request accommodations so the company can determine the best way to meet the needs of the worker. These accommodations can make the difference between thriving or struggling at work. Employers must provide those accommodations unless they cause the company undue hardship.

All employees should have a workplace where they feel supported and valued. A diverse, inclusive environment benefits everyone by offering different perspectives and fostering innovation.

If you are a neurodivergent individual, you must know your rights. If you face harassment or your employer refuses to provide accommodations for your condition, you may want to seek legal help to resolve these issues.

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