The term neurodivergent refers to individuals whose brains function differently from the “neurotypical” norm.What are common neurodivergent conditions?
Attention Deficit Hyperactivity Disorder (ADHD) – Impacts focus, impulse control, organization and energy regulation.
Dyslexia – Affects reading, writing and spelling abilities, often linked to challenges with processing written language.
Dyspraxia (Developmental Coordination Disorder) – Impacts motor coordination, spatial awareness and sometimes organization.
Dyscalculia – Affects understanding of numbers, mathematical reasoning and calculations.
Are employees meant to tell me if they’re neurodivergent?
Employees are not legally required to disclose their neurodivergence and they must not feel pressured into doing so.
However, if an employee voluntarily discloses that they are neurodivergent and wants to request a work accommodation, then the employer has a legal duty under the Americans with Disabilities Act (ADA) to consider the request and determine if an accommodation can be made without undue hardship for the business.
Can I ask if an employee is neurodivergent?
Not directly…
You should never ask an employee outright if they have a neurodivergent condition. This applies during every stage of their employment, including recruitment.
Instead, you may be able to find out this information using these approaches:
Include an accommodation question in job applications.
In job postings and the application process, include a question about whether the candidate requires any accommodations in order to perform the essential job functions of the position they’re applying for. If the candidate responds with “yes”, then the recruiter will reach out to that candidate to start the request for accommodation process.
Use anonymous diversity surveys.
Include neurodivergence in voluntary workplace diversity monitoring. Example: “Do you identify as neurodivergent? (Yes/No/Prefer not to say)”
Train the workforce on the ADA and the request for accommodation process.
Training will help employees to feel comfortable discussing accommodations that they may need. Provide regular opportunities for employees to request workplace accommodations.
An employee has disclosed that they’re neurodivergent. What reasonable accommodations am I expected to make?
To determine what reasonable accommodations are needed, you should ask your employees what would help them, conduct a workplace needs assessment, and look at other best practices.
Reasonable adjustments could look like…
• Providing assistive technology (e.g., speech-to-text software for dyslexic employees).
• Allowing flexible working hours or remote work.
• Adjusting communication styles, such as providing written instructions instead of verbal ones.
• Offering a quiet workspace or noise-cancelling headphones for employees sensitive to sensory input.
HR will then work with the employee and manager to see if reasonable accommodations are possible. Every effort should be made to provide reasonable accommodations, as long as it does not cause undue hardship for the business.
Is there anything else important to remember?
Yes! Whatever you do, do not treat neurodivergent employees unfavorably due to their condition. This includes:
Direct discrimination (e.g., refusing to promote someone because they have ADHD).
Indirect discrimination (e.g., having rigid workplace policies that disadvantage neurodivergent individuals).
Harassment (e.g., colleagues making inappropriate comments about a neurodivergent employee’s behavior)
Victimization (e.g., penalizing someone for requesting adjustments or making a discrimination complaint).
We can help you to manage the accommodation process
Managing anything like neurodiversity can be really tricky and it’s easy to feel like you’re standing on eggshells…
If you need help with accommodations considerations, please get in touch with us today.
