Occupational Licensing
Americans for Autism Advocacy calls on the US Department of Labor to Tackle Neurodiversity Discrimination
02.21.2024
A HR publication in the United Kingdom found one out of five neurodiverse employees across the pond are targets of workplace discrimination. This should be a matter of concern to both the US Department of Labor and American businesses
Americans for Autism Advocacy is calling on the United States Department of Labor and the Equal Employment Opportunity Commission to address neurodiversity discrimination in the workplace when the next Congress is sworn in come 2025.
HR Grapevine, an industry publication based in the United Kingdom, reported that one out of five neurodiverse Britians in the workplace have experienced some form of discrimination in the workplace. A 2021 article from Bloomberg Law found that the Equal Employment Opportunity Commission (EEOC) has found an uptick in the amount of discrimination cases tied to individuals with neurodiversity. The Bloomberg article found that these statistics warrant the US Department of Labor that oversees the EEOC to address the neurodiversity issue.
Americans for Autism Advocacy supports the following reforms to addressing workplace discrimination against neurodiverse Americans as follows:
1. Cleaning up the vague definition of “intellectual disability” that exists in the Americans with Disabilities Act of 1990. Expanding the definition of intellectual disability in the ADA will eliminate the unintended gray area that exists in current law that is a gateway towards discrimination.
2. Public education with employers, state labor agencies, and vocational training organizations on neurodiversity in the workplace and their obligations under the law. AFAA believes that education will help employers better understand neurodiversity in the workplace and in turn can offer better environments for all employees. Human resources managers must be educated on the neurodiversity movement and why retaining such talent is important to not just their hiring goals but their financial success as well.
3. Encouraging the EEOC to use mediation as the first resort in resolving neurodiversity related complaints. Mediation has been proven to be a cost-effective manner for both employees and employers in resolving workplace discrimination complaints. It will be inevitable that EEOC complaints against employers will come from neurodiverse employees. Having a proven mediation mechanism can be a cost-effective solution that is a win-win for both employees and employers alike.
4. Encouraging incentives for employers to use remote work as an acceptable accomodation for neurodiverse employees in the workplace. As some employers are asking employees to return back to the office, remote work should be used as a way to provide a safer working environment for neurodiverse employees. Offering remote work is one step in reducing EEOC complaints tied to workplace accommodations. Remote work can also reduce bullying and discrimination that could exist in a traditional workplace environment.
Americans for Autism Advocacy believes that when neurodiverse individuals can succeed in the workplace, America is better off as a nation. AFAA will work to ensure Congress will make neurodiversity in the workplace a priority come 2025.
