Workplace Discrimination against Autism: Statistics, Legal Implications, and Consequences
In the United States, approximately 1 in 59 children are diagnosed with Autism Spectrum Disorder (ASD), a developmental condition that affects communication, behavior, and interactions with others [1]. This condition is as common in boys as in girls.
Fortunately, the Americans with Disabilities Act (ADA) is a federal U.S. law that provides civil rights protections to individuals with disabilities, including those with autism. The ADA classifies autism as a disability, and if a business has 15 or more employees, it cannot discriminate against autistic people in any aspect of employment, from applying to training and beyond [2].
To create an inclusive and discrimination-free workplace, employers can implement several effective strategies.
Workplace Adjustments: Provide sensory-friendly environments such as quiet workspaces, flexible lighting, or allowing noise-cancelling headphones to manage sensory sensitivities. Offer flexible work schedules and allow for remote work where possible [1][2][3].
Clear Communication and Structured Routine: Use clear, structured instructions and written communication, breaking tasks into manageable steps with clear deadlines. This helps employees with autism follow tasks more effectively [1].
Alternative Communication Channels: Encourage the use of email or instant messaging instead of face-to-face interactions when preferred, respecting social interaction differences [1].
Mental Health Support: Ensure access to mental health resources like Employee Assistance Programs (EAP) or counseling to alleviate anxiety or stress related to social interactions or routine changes [1].
Awareness and Training: Conduct autism and neurodiversity awareness training for management and coworkers to reduce stigma, promote understanding, and create a supportive workplace culture [1][2][3].
Legal Compliance and Reasonable Adjustments: Under laws like the Equality Act, employers must not discriminate and should make reasonable accommodations that remove substantial disadvantages related to autism. Examples include flexible hours, ergonomic equipment, regular breaks, and adapting policies or practices [2][4].
Inclusive HR Practices: Review recruitment processes for neuro-inclusivity, provide job information in accessible formats, and consider employee resource groups or mentorship programs to support career development and communication [2][3].
By combining individualized accommodations, education, supportive policies, and adherence to disability laws, employers can prevent discrimination and empower employees with autism to succeed in the workplace. This approach also benefits the whole organization by fostering innovation, engagement, and an empathetic culture [3].
However, facing discrimination can be challenging for autistic people. They should not have to stand for it. In the U.S., the Equal Employment Opportunity Commission (EEOC) protects against discrimination, including autism discrimination in the workplace [5]. If an autistic person experiences discrimination, steps they can take include talking with the employer or individual involved, filing an employment discrimination complaint with the EEOC, or contacting a lawyer and inquiring about filing a lawsuit.
Various social services programs and resources can help individuals with ASD who have experienced autism discrimination in the workplace, including local health departments, autism advocacy groups, the American Civil Liberties Union, and the EEOC.
Remember, discrimination means treating someone differently or less favorably for a specific reason, such as a disability. Autistic people, like everyone else, have the right to equal employment opportunities, government services, transportation, public accommodations, and commercial facilities according to the law [6].
References:
[1] Mayer, J. (2021). Supporting Neurodiverse Employees in the Workplace. Harvard Business Review. [2] Job Accommodation Network. (n.d.). Autism Spectrum Disorder. [3] Neurodiversity at Work. (n.d.). Neurodiversity in the Workplace. [4] Equal Employment Opportunity Commission. (n.d.). Reasonable Accommodation. [5] Equal Employment Opportunity Commission. (n.d.). Disability Discrimination. [6] Americans with Disabilities Act. (n.d.). Title I: Employment.
Science has increasingly recognized the potential of individuals with Autism Spectrum Disorder (ASD) in the workplace for contributing to workplace-wellness and health-and-wellness, including mental health. With the right accommodations and understanding, these individuals can bring unique perspectives and skills, promoting innovation and fostering an empathetic culture in the company.
