The term “neurodiversity” has been around for several years, yet many people are still unsure what it means. In the employment context, employers are often uncertain how to respond when the topic arises or what steps to take. Frequently, the first time an employer learns that an employee is neurodivergent is during coaching or corrective action related to performance or behavioral concerns. When an employee discloses that they are neurodivergent, employers should pause and ask whether the employee would like to request an ADA accommodation.
According to the Job Accommodation Network (JAN):
“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.”
(See URL: https://askjan.org/disabilities/Neurodiversity.cfm? )
Employees with neurodiversity may experience challenges related to social skills, organization, concentration, sensory sensitivities, time management, performing work effectively, interacting with coworkers, and communication, among other areas. These challenges vary from person to person, making it essential for employers to avoid assumptions about any individual employee.
By following best practices when responding to accommodation requests, employers can reduce frustration and better manage expectations.
First, employers should have the employee complete an ADA accommodation request form.
Second, employers should provide the employee with a copy of their job description and ask the employee to review it with their treating medical practitioner. The medical practitioner should suggest ways the employee can perform the essential functions of the job with reasonable accommodations.
Third, employers should review the information provided by both the employee and the medical practitioner to determine whether accommodation is possible. Employers should ask follow-up or clarifying questions, discuss alternatives, and engage in an interactive process. As employers learn more about the employee’s needs, they should think creatively and encourage the employee to do the same.
JAN suggests the following accommodation ideas to help “sustain employment” for neurodivergent employees:
- Traditional and peer mentoring
- Frequent and ongoing manager feedback and positive reinforcement
- Service or emotional support animal use
- Remote work with needed assistive technology
- Job task restructuring
- Workplace policy modifications, including flexible breaks
- Workplace modifications for sensitivities involving light, noise, and temperatures
- Employee Assistance Program (EAP) support
- Skills training
Fourth, if accommodations can be implemented, employers should do so.
If an employer determines that accommodation is not possible, we recommend taking a second-and even a third-look and contacting us before terminating the employee. Thorough documentation of the entire process is absolutely essential.
Accommodating a disability that is unfamiliar or outside an employer’s experience can feel stressful. At Employer-Lawyer, our attorneys are available to guide you through the process and help you achieve a successful outcome.
