04-08-2025
Medical conditions such as autism spectrum disorder (ASD), attention-deficit hyperactivity disorder (ADHD), dyslexia, sensory processing disorder, and Tourette’s Syndrome are commonly considered types of neurodivergence. The ADA protects employees from discrimination based on physical and mental conditions that substantially impair a major life activity, including some types of neurodivergence. Employers must provide reasonable accommodations to allow qualified individuals to perform their jobs and protect employees with neurodivergence from bias.
Data released by the EEOC earlier this year shows a rise in claims alleging discrimination based on neurodivergence. In 2003, the EEOC received just 14 charges related to autism discrimination compared to 488 in 2023 (up 180 from the prior year). This number is expected to continue spiking as Gen Z workers increase their presence in the workplace. Gen Z has a greater awareness of neurodivergent conditions than previous generations. They are also more likely to notify their employers about their learning and thinking differences. According to the CDC, the percentage of children diagnosed with autism quadrupled from 2000 to 2020 (reaching 0.028). Even older groups are receiving an increasing number of diagnoses of some type of neurodivergence.
Attorneys and neurodiversity experts state that the pandemic and its move to hybrid or remote work increased the visibility of neurodivergent employees. It demonstrated that traditional workplaces may disadvantage these workers. Potential accommodations for individuals living with neurodivergence can include support for time management, allowing for more frequent breaks, letting them wear headphones or providing a quiet workspace, and creating a very structured environment, recognizing that how these employees interact with others at work may look different.