Around one, out of every five individuals exhibit traits. The majority of workplaces and hiring procedures cater predominantly to neurotypical employees. Fostering an inclusive environment along with offering training on neurodiversity can play a role, in dismantling the obstacles that prevent a group of skilled individuals from fully contributing their unique abilities.
What Is Neurodiversity?
Neurodiversity refers to a range of conditions that may not be immediately visible but can impact an individual’s work activities. If someone faces discrimination they are protected by laws, against treatment, harassment and victimization.
Various neurodiverse conditions include autism spectrum disorders, ADHD (Attention Deficit Hyperactivity Disorder) dyscalculia, dyslexia and dyspraxia. While neurodiversity is a term encompassing these conditions individuals with any of these challenges may be considered disabled under the Equality Act 2010. Interestingly many people, with dyslexia or ADHD do not always see their condition as a disability. As a part of their daily lives that they have adapted to through lifestyle changes.
Neurodiversity, in the workplace is becoming increasingly prominent. Our legal team has noticed a rise in instances involving;
1. Handling Matters
Dealing with actions against employees who have experienced “meltdowns ” “outbursts,” or displayed “inappropriate” behavior often tied to their medical conditions such as Autism, Aspergers or ADHD. If an employee can demonstrate that their condition falls within the spectrum of a disability employers must provide justification for any measures taken against them regardless of their length of employment.
This typically involves gathering evidence and considering whether a milder penalty would be more appropriate.
2. Making Accommodations
Many business owners fail to make adjustments for employees work arrangements provided they meet the criteria for having a disability. This could involve setting up spaces or adjusting job responsibilities. In cases the cost to businesses would be minimal compared to legal repercussions resulting from disability discrimination claims.
If you successfully prove your disability claim compensation may cover damages, for distress, personal injury and lost wages.
It’s important to mention that there are no limits or restrictions, on compensation in cases of disability discrimination as each situation is evaluated based on its circumstances.
3. Discrimination By Association
Furthermore if you provide care for or have a connection with someone who has a disability you are safeguarded from ‘discrimination by association’ according to the law.
Currently many workplaces struggle with being inclusive of individuals leading to feelings of exclusion decreased performance levels, stressors and victimization that may eventually result in discrimination.
As observed there is a rise, in disability discrimination cases related to neurominorities; this trend could be attributed to increased awareness improved diagnosis methods and employees feeling more comfortable discussing these issues. Neurodiversity discrimination lawyers can assist you more about your rights for discrimination at workplace.
4. Supporting Neurodiversity In The Workplace
It’s important for your employer to be open to making accommodations, such as allowing for breaks creating a stress workspace providing quiet areas for concentration supporting remote work options adjusting IT tools as needed assisting with social interactions at work and being mindful of using respectful language in the workplace.
Employers should ensure that their employees are familiar, with company policies. If they fail to foster an environment employees who have faced discrimination have the right to seek recourse.
