- Workplace discrimination claims linked to neurodiversity have increased in recent years
- You don’t have to tell your employer if you’re neurodivergent, but it might help you feel supported at work
- Federal law requires employers to provide reasonable accommodations to workers with neurodiverse conditions
In recent years, there has been growing awareness and understanding of neurodiversity in the workplace. Despite this progress, neurodivergent individuals still face barriers when it comes to seeking and receiving the support they need.
“Neurodiversity” isn’t a medical term. Rather, it refers to the range of differences in the ways people think, learn, perceive the world around them, and interact with others. Some common neurodiverse conditions include, but are not limited to:
- Autism spectrum disorder (ASD)
- Attention-deficit/hyperactivity disorder (ADHD)
- Dyslexia
- Obsessive compulsive disorder (OCD).
If you identify as neurodivergent, you’re not alone—19% of Americans do, according to a YouGov poll from 2024. You’re even more likely to say you’re neurodivergent if you are under 45, or if you identify as lesbian, gay, or bisexual, the poll showed.
Neurodiverse people often have unique strengths that come with seeing the world differently, such as creativity, attention to detail, strong analytics skills, and innovative thinking.
By contrast, people whose brains process information in more standard ways may be called “neurotypical.” There are many ways people’s brains work, and the range of mental variations is called neurodiversity.
If you’re considering asking for support in the workplace, read on, as we explore the types of accommodations that might be available and how to approach your employer. By understanding your rights, you can take steps to ensure you thrive in your workplace.
What are my legal protections?
The Americans with Disabilities Act (ADA) and similar state and local laws protect employees with disabilities.
The ADA’s protections are broad and include individuals with mental health conditions as well as those who are neurodiverse. You may be surprised by what qualifies as a protected medical condition or way of thinking.
With respect to mental health and neurodiversity, the ADA protects neurodivergent employees whose conditions affect their thinking, concentrating, seeing, or hearing. It can also apply if you have a condition that affects your ability to complete tasks such as reading, learning, and communicating.
The ADA is broad, but it doesn’t cover everyone. Small businesses that have 14 or fewer employees are exempt. It also doesn’t cover workers correctly classified as independent contractors. That said, state and local laws often fill the gap where the ADA does not provide coverage.
The ADA offers three main protections:
- Accommodations to Help You Do Your Job
The ADA requires employers to provide neurodiverse employees with reasonable accommodations. A reasonable accommodation is an adjustment to your work environment or job duties to help you perform your job effectively.
Examples of reasonable accommodations include:
- Modifying your work schedule so you encounter fewer people at work or can go to medical appointments
- Providing assistive technology, such as noise-cancelling headphones
- Moving your desk away from noisy office equipment
Although accommodations are required, there’s an important exception: An employer doesn’t have to provide accommodations when they’d cause it an “undue hardship.” That means they’d be difficult or expensive to administer, which can vary from situation to situation. For example, a cost that’s substantial for a local business could be negligible for a large corporation.
- No Discrimination
Your employer also cannot treat you unfairly or differently because of your condition.
As an example, if you have obsessive compulsive disorder and related anxiety and are passed over for a promotion because your boss thinks it means you can’t handle more responsibility, you may have experienced unlawful discrimination. Another possibility is if you have bipolar disorder and work in a restaurant, and your boss thinks that training you to become a cook would put you or other employees in danger.
Discrimination can include actions such as firing, demoting, or refusing to hire or promote you because of your disability or neurodiversity.
- No Retaliation
You have the right to seek accommodations or speak up about your rights without fear that doing so will cause problems. Your employer cannot retaliate against you for disclosing a physical or mental health condition, your neurodiversity, or requesting a reasonable accommodation. Retaliation can take many forms, including firing or demoting you, decreasing your pay, falsifying a negative performance review, or taking other adverse actions that result from your protected activity.
Do I Have to Tell My Boss I’m Neurodivergent?
You don’t have to, but it may help you get the support you need to thrive at work. But what, if anything you want to share depends on many uniquely personal factors.
Some elements to consider are your job situation, the nature of the disability or your neurodiversity, the sort of accommodations you need, and your relationship with your employer.
If you think your condition could affect your work performance, you may have to share some information so you can get an accommodation. For example, if you have ADHD and need a workspace free of distractions, you might need to disclose your condition so you can get a desk away from high-traffic areas or noisy equipment.
Ultimately, the best course of action is to reach out to an employment attorney for advice before you talk to your employer. An attorney can help you make an informed choice that aligns with your circumstances by helping you understand your rights and obtain accommodations that are right for you.
What Should I Do If I Need Support?
Keep in mind that seeking support is a sign of strength and self-awareness. Identifying your needs and ensuring you have the necessary tools to succeed are crucial for your professional development and overall well-being.
You’ll need to have a conversation with your manager or HR, so you should think about how to prepare for it. You might want to identify specific challenges you face, such as difficulties with concentration, communication, or organization, and come up with possible solutions that could help mitigate them.
You don’t need to think through everything upfront. Your conversation with your employer should be ongoing and interactive, and you simply need to let them know you want to have it. But coming up with some concrete examples and suggestions can make the conversation more productive and focused.
Seeking support is an ongoing process. Your needs may change over time, and it’s important to reassess whether the support you’re seeking is actually helping.
At every stage of the process, reaching out to a disability advocate in your state is a great idea. They can give support and guidance as you navigate the process of requesting accommodation.
What Are Some Ways I Can Be Supported?
You’re the best judge of what’s helpful. An informal conversation with your manager might be all you need, or you might want to explore submitting an accommodation request. Communicating openly and sharing your suggestions can help create personalized support strategies.
When thinking about accommodations, multiple solutions may be possible, so you should consider a variety of options. For example, if you have difficulty with direct interactions, you might want to consider asking if you can communicate primarily by email or reduce in-person interactions by modifying work schedules or teleworking some days.
A valuable resource for identifying effective accommodations is the Job Accommodation Network. JAN is a free resource from the U.S. Department of Labor’s Office of Disability Policy that can help you pinpoint accommodations that are tailored to your specific conditions and the ways they affect how you do your work.
Is My Information Confidential?
In general, your employer is supposed to keep your medical information confidential. Whether you tell your manager you have a neurodiverse condition or provide a doctor’s note detailing your situation, your employer should respect your wishes to keep your personal information private.
If you obtain an accommodation, your employer might have to disclose some details to managers or co-workers in order to administer the accommodation. But even then, the information can be limited. A supervisor may need to know the terms of your accommodation, but they don’t need to know all the details about your condition.
Your employer is supposed to limit the information it shares and the people who are looped in so that it’s done on a need-to-know basis. If you submit any documentation as part of your request for an accommodation, that should also be kept confidential. In fact, it’s supposed to be kept in a separate location from your personnel folder.
While confidentiality is the general rule, the specifics of how your information may be used depend on the circumstances.
What Is My Employer Supposed to Do?
When you request an accommodation, your employer is required to work with you to identify a path forward that can help you do your job. The ADA calls this the “interactive process,” because interaction between you and your employer gives you the strongest footing.
Your employer should begin the interactive process if you ask for an accommodation, but you don’t need to use specific words or file a formal request in writing – though you may want to submit a written request, depending on your situation. All you need to do is let your manager or HR know that your want or need support, and then your employer should begin the interactive process.
The purpose of the interactive process is for your employer to understand your needs and challenges. It also helps your employer determine the essential functions of your job, so that it can help come up with an accommodation that lets you carry them out. They might ask you to fill out a form to help the process along.
Your employer is required to take your preferences into account, which is why participating in the interactive process and sharing your suggestions is so important. The company is required to provide a reasonable accommodation, but if more than one is possible that could help you do your job, your employer doesn’t have to select the one you want.
In most situations, your employer cannot deny your request without meaningfully engaging you in an interactive process.
You Deserve a Supportive Workplace
Understanding your rights and seeking accommodations, if you need them, are crucial for ensuring that your needs are met. Open and honest communication with your boss can help you create an environment that works for you.
Remember, the goal is to find a way to navigate the situation that meets your needs and allows you to perform your job effectively. If you have questions about your rights at work or think you’re being mistreated, please contact us for a confidential consultation with one of our attorneys.
