Accommodation and Compliance: Neurodiversity

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About Neurodiversity

What is neurodiversity?

Neurodiversity describes the natural way that people think, learn, perceive the world, interact and process information differently and in unique ways. Although this term is often used to refer to people on the autism spectrum, it also includes a wide range of people with cognitive, intellectual, developmental, and neurological conditions that shape how people think and learn. For example, neurodivergent people include:

  • autistic people;
  • people with attention deficit hyperactivity disorder (ADHD);
  • those with post-traumatic stress disorder (PTSD) and other mental health conditions; and
  • people with learning disabilities, including dyslexia.

Neurodiversity and the Americans with Disabilities Act

Is neurodiversity a disability?

The ADA does not contain a definitive list of medical conditions that constitute disabilities. Instead, the ADA defines a person with a disability as someone who (1) has a physical or mental impairment that substantially limits one or more “major life activities,” (2) has a record of such an impairment, or (3) is regarded as having such an impairment. For more information about how to determine whether a person has a disability under the ADA, see How to Determine Whether a Person Has a Disability under the Americans with Disabilities Act Amendments Act (ADAAA).

Accommodating Employees with Neurodiversity

What are common workplace challenges faced by neurodivergent employees?

Workplace challenges for neurodivergent employees can vary greatly from person to person. Some common challenges reported by neurodivergent employees, family members, advocates, providers of work supports and services, and employers include:

  • Social skills
  • Organization
  • Concentration
  • Sensory issues
  • Time management
  • Performing work effectively
  • Stress management
  • Interaction with coworkers
  • Speaking and communicating

Questions to Consider:

  1. What limitations is the employee experiencing?
  2. How do these limitations affect the employee and the employee’s job performance?
  3. What specific job tasks are problematic as a result of these limitations?
  4. What accommodations are available to reduce or eliminate these problems? Are all possible resources being used to determine possible accommodations?
  5. Once accommodations are in place, would it be useful to meet with the employee to evaluate the effectiveness of the accommodations and to determine whether additional accommodations are needed?
  6. Do supervisory personnel and employees need training?

Key Accommodations:

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