Neurodiversity and labor rights
Neurodivergent people present distinct issues in labor rights. They may individually or as a demographic have occupational preferences or requests for accommodation which differ from neurotypical workers. While some neurodivergent people may need workplace support in a medical model of disability, other people may only want cultural understanding in a social model of disability.
Demographics
The earliest examined groups of neurodivergent workers were people with attention deficit hyperactivity disorder and autistic people.[1] Later studied conditions include developmental coordination disorder and dyslexia.[1] After occupational researchers began to consider these conditions collectively, then it became easier to include other kinds of different neurological modes in workplace considerations.[1] One model for discussing all of these groups is to ask individuals how they identify and want to be known.[1] Another model is simply thinking of some people as "neurominorities", and not trying to get more detail so long as people have what they need to do their work effectively.[1]
A 2022 report estimated that 22% of workers are neurodivergent.[2]
Historically, neurodivergent people have experienced unemployment much more often than neurotypical people.[3]
Advantages
Neurodivergent people as a demographic may have advantages and skills which neurotypical people do not have.[4] A common advantage is difference of perspective; because the demographic has a different lived experience, individuals in that demographic can speak for themselves to share opinions which often differ from neurotypical people.[4]
It also can happen that certain individuals or groups of neurodivergent people develop uncommon skillsets which manifest when they get workplace accommodation.[4]
Accommodation
In the mid-2010s various large multinational corporations began developing policy on occupational neurodiversity.[5] Previously, organizations either did not discuss the issue, or if they addressed it, then it was a sort of disability accommodation.[5] The changing practice was to practice cultural understanding for neurodiversity as a social difference or personal identity.[5] In this framing, neuroatypical conditions could be recognized as another form of diversity comparable to gender, sexual orientation, or race.[5] Pilot programs began in advocacy for autistic workers, because there was already an identified labor pool of job candidates who were autistic and could work effectively with support.[5]
In the United States, workers become eligible for reasonable accommodation through the Americans with Disabilities Act of 1990 after they disclose to their employer that they have a particular medical condition.[5] Because neuroatypical conditions are often not understood or recognized, employers may not provide neurodiversity accommodations.[5]
In 2015 Ernst & Young established a program to recruit autistic workers.[6]
Common accommodations include providing single-person offices, giving workers control over the lighting of the room in which they work, and providing options for the employee to avoid being in a crowd or to take breaks alone in a quiet place.[2]