Neurodiversity is increasingly common. While neurodiverse individuals generally have many strengths, they also may experience challenges because they process information differently or have certain limitations in the way they interact with their environment or the people around them.
The Americans with Disabilities Act and California’s disability protections generally recognize many neurodevelopmental conditions as disabilities when they impact major life activities including your ability to work.
This means employers are broadly prohibited from discriminating against you on the basis of autism, ADHD, or similar conditions and may be required to make reasonable accommodations for you if your ability to work and earn a living is impacted.
Unfortunately, not all employers follow the law and some refuse to make appropriate adjustments to the workplace to enable neurodiverse job candidates and employees to succeed. If this happens to you, you should reach out to our award-winning Los Angeles disability discrimination lawyer for help.
What legal accommodations must employers make for neurodivergent employees?
Disabled employees are entitled to accommodations under the Americans with Disabilities Act as well as under the California Fair Employment and Housing Act.
Typically, employers must work with neurodivergent employees whose conditions qualify as disabilities through the interactive process. During this process, the company and worker identify effective adjustments they can make to the workplace to support the disabled employee and enable them to work effectively at their job.
Some common examples of accommodations include:
- Adjusting the environment by taking steps such as altering the lighting or allowing the employee to wear noise-cancelling headphones.
- Permitting remote work or a modified schedule
- Adjusting communication methods, such as providing written instead of verbal instructions
- Task management support, such as using visual schedules
- Allowing the use of assistive technology
The right accommodations will depend on the nature of the condition, the specific support(s) the employee needs, and what it is reasonable for the employer to do.
However, employers must work with the employee when accommodations are reasonable and can’t just opt out of creating an appropriate work environment for someone who is considered disabled because their brain works differently.
What should you do if your employer refuses to make reasonable accommodations for neurodivergence?
If your employer refuses to make reasonable accommodations, they may be violating the law. You should:
- Document all communications: Make sure you are creating a paper trail by formally sending a written request for accommodations. Then document all correspondence, including emails and messages both to and from your employer.
- Request the reasons for the denial: Submit a written request asking the company to explain why it denied your request. This can help you prove how the company failed in its obligations.
- File a complaint: You may be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) and the California Civil Rights Department.
- Contact an attorney: Your best bet is typically going to be contacting an attorney early on. Your lawyer may be able to negotiate with the company to make accommodations without you having to go through the formal claim process. If no agreement is reached, we can assist in pursuing appropriate legal action such as an EEOC complaint or filing a civil lawsuit to recover compensation for damages.
Contact a Los Angeles disability discrimination lawyer today
Yadegar, Minoofar & Soleymani, LLP will fight for your rights if your employer has refused to accommodate your neurodivergent condition, as doing so is part of their obligations to support disabled workers.
To find out more about how a California disability discrimination lawyer at our firm can help, give us a call or contact us online today to schedule a free consultation.