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Neurodiverse Employee Bias Claims on the Rise

By Kit Yona, M.A. | Reviewed by Joseph Fawbush, Esq. | Last updated on

Something that doubles in frequency merits notice. Something that increases almost tenfold demands your attention. Such is the case with the number of autism-related charges filed under the Americans With Disabilities Act (ADA). During the 2023 fiscal year, there were 488 claims filed with the U.S. Equal Employment Opportunity Commission. Compare that to the 53 filed in 2013.

The sizable change might prompt you to wonder what the underlying cause or causes behind the surge might be. Are there more people with autism spectrum disorder (ASD) in the workforce? Are those already there becoming more vocal about their rights?

Perhaps. Regardless, violations of the ADA are never welcome. The increase in charges may be part of the ongoing battle for the needs of the disabled in the workplace to be understood, rather than feared.

Leveling the Playing Field With the ADA

The Americans With Disabilities Act of 1990 (ADA) is rightfully acknowledged as a landmark piece of legislation. It defines a person as disabled if they have, or seem to have, a physical or mental impairment that limits what the ADA calls a "major life activity."

Among other protections, the ADA prohibits employers from discriminating against the hiring or employment of disabled persons unless it would cause undue hardship. This is covered under Title I of the ADA.

While the common perception of being ADA-compliant may focus on physical needs like wheelchair accessibility, it also covers issues faced by neurodiverse workers. This involves a good faith interactive process between employer and employee to find a solution that works for everyone.

This can be challenging. Expecting an employee with Attention-Deficit/Hyperactivity Disorder (ADHD) to sit quietly through a two-hour-long meeting might not be realistic, but attending virtually may be a feasible option. Other possible solutions for the neurodivergent in an office environment can include allowing headphones, timers, or necessary breaks.

The rise in ADA-related charges being filed infers increased requests for accommodation. Who or what is behind those demands?

Voice of a New Generation

Change is often brought about by younger generations. Increased demand for accommodation holds form. A recent survey on neurodiversity at work showed that Gen Z, or people born between 1997 and 2012, is the group most likely to request a workplace accommodation from an employer.

There are several theories as to why Gen Z is leading the charge. It's a group that has never known a world without the ADA in place. While their parents and grandparents can remember the lack of wheelchair ramps or that the behavior of some kids was just shrugged off as them being "hyper" or "different", Gen Zers have grown up seeing accommodation become the norm. Inclusion is the expectation, not the exception.

For the older members of Gen Z, the pandemic showed that many jobs could be accomplished without an office presence. Working from home is much easier for many suffering from neurodivergent issues (and others as well). Broad internet access provides a different method of interaction that causes less stress for those with ASD. It also allows for greater ease in finding communities, information, and support.

Working Together

As our definition of ASD continues to expand, more conditions may fall under the umbrella of neurodiversity. This may continue the trend of increasing charges under Title I of the ADA as some employers struggle to understand new aspects of disabilities.

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