As awareness of neurodiversity expands, its impact in the workplace has become more apparent. This growing visibility is reflected in the increasing number of claims and legal resolutions related to neurodivergent employees, particularly those on the autism spectrum. Understanding these trends is essential for employers as they navigate the evolving landscape of workforce diversity and legal compliance with the Americans with Disabilities Act (“ADA”).

“Neurodiversity” encompasses conditions that affect how the brain processes information, learns, or interacts with the world compared to typical neurological patterns. While the term is commonly associated with individuals on the autism spectrum, it also encompasses a broad range of cognitive, intellectual, developmental, and neurological conditions. Examples of these conditions include autism, attention-deficit hyper disorder (ADHD), post-traumatic stress disorder (PTSD), dyslexia, sensory processing disorder, and Tourette’s syndrome.

Between 2015 and 2023, Equal Employment Opportunity Commission (“EEOC”) merit resolutions involving autism surged.[1] In 2015, autism-related ADA claims accounted for just 0.2% of total merit resolutions; by 2023, that figure had risen to 1.5%—a 650% increase in just 8 years.[2] Additionally, EEOC merit resolutions involving “other neurological impairments” rose .5% from 2015 to 2023.[3] These increases represent the growing presence and recognition of neurodiversity in the workplace.

Several factors contribute to the growing prevalence of neurodiversity in the workplace. Increased awareness, driven in large part by social media, and improved diagnostic practices have led to more accurate and timely identification of neurodivergent individuals. This, coupled with advancements in diagnostic tools and understanding, has led to more accurate and timely identification of individuals who may have been previously undiagnosed or misdiagnosed. 

In recent years, there has also been a significant cultural shift toward broader recognition and acceptance of neurodiversity. Neurodivergence is increasingly understood not as a disorder to be “fixed,” but rather, as a natural variation in how the human brain functions. This shift in perspective has reduced stigma and fostered a more inclusive societal attitude. As a result, more individuals, particularly adults who may have gone undiagnosed in childhood, feel empowered to seek evaluations, access resources, and advocate for their needs in both personal and professional settings. Moreover, social media platforms have facilitated the sharing of personal experiences with neurodiversity, further increasing awareness and normalization. 

This rise in adult neurodiversity diagnoses in the workplace presents challenges for employers, who may need to make accommodations and provide support to neurodivergent employees.  The ADA protects employees from discrimination based on physical and mental conditions that substantially impair a major life activity, including certain types of neurodivergence.[4] The ADA also mandates employers to provide reasonable accommodations to allow qualified individuals to perform their jobs and protect employees with neurodivergence from bias.[5] Employers therefore have a duty to engage in the ADA interactive process to provide reasonable accommodations for their neurodivergent employees so long as accommodations do not result in undue hardship to the employer.[6]

Reasonable accommodations vary by the individual. There is no one-size-fits-all approach as each neurodiverse employee has unique individualized needs. The types of reasonable accommodations that may benefit a neurodivergent employee can vary based on the nature of their condition, how it affects them, and the demands of their position. Employers should therefore utilize the interactive process to determine effective accommodations that meet the employee’s needs without placing an undue burden on the organization.

As neurodiversity becomes more recognized in the workplace, it’s increasingly important for employers to understand their responsibilities under the ADA. This includes recognizing when neurodivergence may qualify as a protected condition and ensuring appropriate accommodations are provided through a structured, interactive process. By proactively addressing the needs of neurodivergent employees, employers mitigate legal risk, improve employee retention, and support overall organizational efficiency.

[1] Enforcement and Litigation Statistics, U.S. Equal Employment Opportunity Commission, https://www.eeoc.gov/data/enforcement-and-litigation-statistics-0.

[2] Id.

[3] Id.

[4] The ADA: Your Employment Rights as an Individual With a Disability, U.S. Equal Employment Opportunity Commission, https://www.eeoc.gov/publications/ada-your-employment-rights-individual-disability.

[5] Id.

[6] Employee Resource Effective Interactive Process, U.S. Department of the Interior, https://www.doi.gov/sites/default/files/employee-resource-effective-interactive-process.pdf.