April is Autism Awareness Month, an important time to reflect on how to best support those with Autism Spectrum Disorder (ASD). ASD presents unique challenges for individuals, with not everyone being affected similarly. While our collective understanding and diagnostics of autism have improved, since so much of our daily lives are spent at work, it’s important to make workplaces more inclusive.
People with autism still face discrimination during hiring or while at their current employment. This makes it difficult for them to excel in their professional life.
Here, we’ll discuss autism discrimination in the workplace, outlining legal rights and practical guidance for victims of discrimination.
What Is Autism Discrimination?
Autism discrimination in the workplace is not a simple concept, nor does it always look the same; it includes a wide range of behaviors affecting employees throughout the timeline of employment.
During the hiring process, an individual with autism may be overlooked because a hiring manager thinks they’re unfit for the company culture or unable to perform the duties of the job due to their disability.
Current employees may face discrimination after employees fail to meet their request for reasonable accommodations. Otherwise, more overt actions like harassment or exclusion may occur based on an employee’s perceived autistic traits.
Research has shown that up to 85% of autistic individuals are unemployed. This is not due to a lack of skills, but because of discriminatory practices. Contrary to what many may think, studies have found that people with autism often have higher productivity rates when compared to their neurotypical peers.
Autism discrimination not only violates an individual’s rights. It deprives companies of the unique talents and perspectives autistic employees have to offer.
Legal Framework and Protections
There are laws in place to prevent disability discrimination for those with autism. The Americans with Disabilities Act (ADA) prohibits autism discrimination in the workplace, mandating two rules: one, that employers must not discriminate against their employees based on their disabilities, and two, that they must offer reasonable accommodations for them to perform their jobs.
Reasonable accommodations vary based on individual needs. Some common accommodations for autistic employees might include:
- providing a quiet workspace or flexible scheduling
- allowing for written instructions rather than verbal ones
- remote work opportunities
- modifications to the interview processes
However, this is not an exhaustive list.
Practical Guidance for Employers
For employers, creating an inclusive environment for autistic employees involves more than simply following the law. It starts with having an organizational culture valuing diversity and inclusion. Employers can initiate regular training sessions to educate managers about autism and neurodiversity. Including such initiatives work to create a better understanding of autism, reduce prejudices, and create a supportive environment.
Employers can also look into resources on integrating neurodivergent individuals into the workplace. Resources like the Job Accommodation Network (JAN) offer guidance on specific accommodations and have experts available to help customize workplace strategies that benefit both the employee and the organization.
Advocacy and Legal Recourse
Autistic employees should feel safe in advocating for themselves and seek accommodations without fear of retaliation. Employees ought to communicate their needs clearly, documenting all requests and any instances of discrimination.
The first step in asking for accommodations is often to contact the human resources department. However, if the situation does not resolve, or if an employee faces retaliation, it’s crucial to seek legal counsel. A Los Angeles disability discrimination lawyer can mediate such disputes as well as guide employees through the process of filing a claim, all the while making sure their rights are protected.
