As more neurodiverse individuals enter the workforce, employers must navigate how to accommodate them under the Americans with Disabilities Act (ADA). Understanding and implementing these accommodations is critical, not only for legal compliance but also for fostering an inclusive and productive work environment. A recent panel, presented by the Labor and Employment Law Section of the New York State Bar Association, explored the role attorneys can play in assisting both neurodivergent employees and their employers in this process.
The Panelists
The discussion featured a distinguished panel of experts with experience in employment law, workplace inclusion, and disability rights:
- Victoria Lipnic – Partner at Resolution Economics and former commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) in Washington, D.C.
- James Maraventano – Program director at Rutgers University Center for Adult Autism Services in New Brunswick, NJ.
- Nicholas Sikon – Partner at Outten & Golden in New York, NY.
- Coby Turner – Senior counsel for Employment Litigation & Remediation at Kaiser Permanente in Sacramento, CA.
Lipnic served as the moderator, guiding a conversation that covered key legal and practical considerations for accommodating neurodivergent employees.
Understanding Neurodiversity in the Workplace
The concept of neurodiversity in the workplace highlights the need for employers to recognize and appreciate neurological differences. As Maraventano explained, “Neurodiversity is the concept and the idea that everyone’s brain works differently. But when you start to think about individuals that are neurodivergent, you’re thinking about individuals that have some sort of neurodevelopmental condition.”
These conditions can include autism, post-traumatic stress disorder (PTSD), attention-deficit/hyperactivity disorder (ADHD), Tourette syndrome, dyslexia, and dyspraxia. The panelists emphasized that while neurodivergent individuals bring valuable skills and perspectives to the workplace, they also face significant barriers to employment.
The Challenges of Workplace Accommodations
Current estimates suggest that between 60% and 85% of autistic adults are unemployed. While accommodations can help bridge this gap, they often require thoughtful discussions between employees and employers.
“I find that in the employer context, that often reasonable accommodation requested by the individual can be challenging because it often affects the people that work around them,” Turner noted. “Or you can’t tell the people that work around them what’s going on because of privacy reasons… There also generally needs to be a conversation with the individual about what you can disclose to the coworkers and the manager.”
One example discussed was an employee with Tourette syndrome who yells expletives when stressed. Without proper context, coworkers might misinterpret the behavior, leading to unnecessary complaints or conflicts.
The Generational Shift in Accommodation Requests
One trend the panelists highlighted was the generational difference in how employees approach workplace accommodations. Gen Z, born between 1997 and 2012, is more likely to request formal accommodations, whereas older generations tend to mask their neurodivergence to fit into traditional work environments.
This shift is encouraging because it suggests greater awareness and advocacy for workplace inclusivity. However, it also presents new challenges for employers who may not be accustomed to adapting workplace structures to meet neurodivergent employees’ needs.
Examples of Reasonable Accommodations
Employers can provide a wide range of accommodations to support neurodivergent employees, including:
- Adjustments to job responsibilities – “You don’t have to remove an essential function,” Turner clarified. “That’s not required by the law. But you do have to remove duties that are not central to the person’s role. And that’s where a lot of employers get tripped up.”
- Job coaching – Some employees may benefit from a job coach who helps them understand workplace expectations and navigate social interactions. Maraventano emphasized the importance of job coaches, stating, “There’s a lot of misunderstanding about what the role of a coach is, or a person that supports an individual… After you break down those misperceptions about what the role of a job coach is, I tend to find that a lot of employers are very welcoming to the idea, because it’s less work for the employer ultimately… Those job coaches come to support those individuals help learn those jobs in a more efficient manner, to help them navigate the nuances of the social and relational issues that may bubble up in work, to help them continue to advance and advocate for themselves.”
- Employee education and training – Raising awareness among coworkers can reduce misunderstandings. For example, training may help employees understand why an autistic coworker struggles with sarcasm or engages in repetitive movements when excited.
Additional accommodations may include:
- Modified work schedules or part-time arrangements
- Noise-canceling headphones to minimize sensory overload
- Detailed checklists to improve task management
- Assistive technology like transcription software or screen readers
- Service animals for emotional or physical support
- Remote work options for employees who work better in controlled environments
Addressing Safety Concerns
One complex issue employers must navigate is balancing accommodations with workplace safety. The panelists discussed a hypothetical scenario involving a warehouse employee with PTSD who is triggered by sudden loud noises and requests to wear noise-canceling headphones. While this accommodation could help the employee, it might also pose safety risks.
In such cases, creative solutions are necessary. Employers might consider allowing the employee to work during quieter shifts or adjusting workflows to minimize triggering situations. Turner reinforced this mindset: “If you’re trying to include individuals with disabilities in the workplace, you have to think outside the box.”
Moving Forward
Creating an inclusive workplace for neurodivergent employees is not only a legal obligation but also an opportunity to harness diverse talents. By understanding neurodiversity, providing reasonable accommodations, and fostering open conversations, employers can build environments where all employees thrive.
As awareness grows, companies must take proactive steps to ensure they are not just complying with the ADA but also creating workplaces that celebrate cognitive diversity.
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