We deserve the opportunity to make a good living in life, and to have a job that treats us right and lets us earn the money we need to succeed in the world. Being honored and receiving fair treatment in the workplace is a necessity. Employers have both a legal, and moral, obligation to take steps to help everyone be productive. Furthermore, they have to refrain from discriminating against individuals because of their uniqueness in life.
Neurodiversity is not automatically considered a disability. There is not a rule, per se, that makes this experience a specific disability; instead, each case is specific to the facts. Some neurodiverse conditions may rise to the level of a disability as specified in the Equality Act of 2010. Basically, the defining element is whether the neurodiversity is seen to result in substantial impairment of the employee’s normal day to day work activities. If the threshold for disability is reached, the employee will then receive protection under the Equality Act.
Common Types of Neurodiversity
In general, the term neurodivergence refers to an individual on the spectrum of autism, or whose mind processes information in such a way that it is not typically occurring in most individuals. There are many common types of neurodiversity. ASD (Autism Spectrum Disorder), previously known as Asperger’s, is on the list.
Other possible aspects include Dyslexia, OCD (Obsessive Compulsive Disorder), and Developmental Coordination Disorder (DCD) or Dyspraxia. Dyscalculia and Dysgraphia are also on this list. ADHD, or Attention Deficit Hyperactivity Disorder, and ADD (Attention Deficit Disorder), also fall under the neurodiversity category — often misunderstood in professional settings, where an ADHD employee underperforming might be unfairly seen as unmotivated, rather than unsupported.
Should an Employee Tell Their Employer They Are Neurodiverse?
It’s a personal decision as to whether you decide to disclose your neurodiversity to your employer. If you find you would be helped by adjustments within the workplace, you will need to let the employer know. Otherwise, they have no requirement to give you assistance. If you feel you have faced Neurodiversity discrimination in the workplace, you should consult an employment lawyer specializing in this field.
Each possible decision, to disclose or not to disclose your situation to your employer, has its own plusses. Part of your decision may be informed by your analysis of how your employer’s reaction and attitude has been to other neurodiverse people within your workplace. There is no requirement that you tell your employer about your neurodiversity. If you want the additional assistance and legal protection, though, you will need to make the disclosure.
How a Lawyer Can Assist Neurodiverse Clients with Their Workplace Issues
A skilled employment lawyer that specializes in neurodiversity can help their clients in many ways. They can write to your employer, and be your advocate as they let the employer know you meet Equality Act provisions and requires adjustments based on this disability.
They can also inform employers when they have exhibited conduct that breaches legal prohibitions against discrimination. If needed, they could also be of assistance in preparing and negotiating an equitable exit package between you and the employer.
Issues related to neurodiversity and discrimination in the workplace are complex. You’ll need to make personal decisions about whether you would benefit from adjustments, and also evaluate how your employer has treated other neurodiverse individuals. A trained lawyer specializing in this field can also provide advice and advocacy that can help a neurodiverse person navigate problems with employer behaviour in the workplace.