Any information contained in this article is not legal advice and should not be treated as such. You should always contact an attorney for help with your specific legal needs and issues.
Neurodivergence is a natural variation in the human brain that affects how individuals think, learn and process information. Those of us who identify as autistic, learning disabled, or even as having ADHD may fall within the broader category of “neurodivergent.”
Neurodivergent individuals often face discrimination and lack of awareness in their communities, creating an uneven playing field when it comes to accessing education and employment opportunities.
Fortunately, there are laws in place to protect neurodivergent people from discrimination and ensure they receive equitable access to resources. Let’s take a look at some of these laws and legal protections.
What Exactly is “Neurodivergence” in the Eyes of the Law?
In the eyes of the law, “neurodivergence” is a broad term that can include autistic people, people with ADHD, dyslexia, dyspraxia, mental health conditions, learning disabilities, etc.
However, not all neurodivergent people will consider themselves to have a disability.
It is important for employers (and other entities) to understand that neurodivergency can qualify as a disability, but not all neurodivergent employees will consider themselves to have a disability.
That said, if you consider yourself neurodivergent, you are likely to meet the criteria for most legal protections.
In this article, we’ll explore various legal protections available to neurodivergent people in the Unites States, Canada, UK & Australia. At the end, we also provide resources for those in other countries to get the help they need.”
What is the ADA?
The ADA is “a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life,” including educational institutions and employers. The law also requires employers to provide reasonable accommodations for disabled workers if needed.
This includes providing or changing equipment, policies, or procedures so that someone with a disability can do their job effectively.
It also requires employers to make sure that their workplace is accessible for those with disabilities, which includes making sure physical pathways are accessible as well as providing accessible technology.
It is important to note, however, that the ADA does not apply to members of the armed forces or employees of the executive branch of the federal government. For these individuals, other laws and regulations may apply.
What is IDEA?
The Individuals with Disabilities Education Act (IDEA) is a federal law that ensures students with disabilities receive the necessary support services they need to have equal access to education. These services may include things like special education classes or extra tutoring services.
IDEA also allows parents of disabled students to be involved in the development of their child’s educational plan (IEP) by including them in meetings involving teachers and administrators at their child’s school. The protections from an IEP often carry a student from primary and secondary school well into college.
What is Section 504?
Section 504 of the Rehabilitation Act is a civil rights law that prohibits discrimination against people with disabilities in programs and activities that receive federal funding. This includes universities, hospitals, community centers, government offices, etc., all of which must provide reasonable accommodations for those who have disabilities or impairments covered by this law.
This could include things like providing sign language interpreters for deaf students or providing assistive technology for those who use wheelchairs or other mobility devices. It also ensures that disabled individuals can participate fully in all programs offered by organizations receiving federal funding without facing any kind of discrimination due to their disability status.
How to Ensure You Get Legal Protections If You Are Neurodivergent
Being neurodivergent can present unique challenges in today’s society, especially when it comes to legal protections. The Americans with Disabilities Act (ADA) and the other laws described above were put in place to ensure that individuals with disabilities are not discriminated against, but what if you are neurodivergent?
It is important to understand your rights and options so that you can ensure that you get the protection you need and deserve.
Let’s take a look at some of the steps to take if you are neurodivergent.
See a Doctor for an Official Diagnosis
The first step is to determine whether or not your condition qualifies as a disability under the ADA. To do this, it is important to see a doctor for an official diagnosis. This will provide an official record of your condition and help you understand which protections apply to you.
Know Your Options and Rights
After determining if your condition qualifies as a disability under the ADA, it is important to know your rights and options.
For example, if you experience discrimination due to your neurodiversity, it is possible for you to file a complaint with the Equal Employment Opportunity Commission (EEOC).
Additionally, depending on your circumstances, you may be eligible for accommodations or assistance from organizations or employers such as extra time on tests or job accommodations. It is also important to understand how long these protections last and what happens when they end.
Understand That Organizations With Fewer Than 15 Employees Don’t Always Have to Comply With ADA
Unfortunately, organizations with fewer than 15 employees are not always required by law to comply with the ADA regulations when it comes to hiring practices or granting reasonable accommodations.
This means that smaller businesses may not have the same obligations as larger ones when it comes to providing legal protections for those who are neurodivergent. That said, many municipalities, statewide authorities, and other local organizations do have regulations in place that may apply to these smaller businesses.
It is important for individuals in this situation to understand their rights and options in order to get the protection they need and deserve.
Talk to Your Employer or Other Organizations About Your Needs
Finally, it is important for individuals who are neurodivergent talk openly with their employer or other organizations about their needs in order to ensure that they receive reasonable accommodations and avoid any potential discrimination due to their condition.
Talking openly about one’s needs allows both parties involved better understanding of each other’s situations which can help create better working relationships between employers and employees or other organizations.
How Should Employers, Schools, and Other Organizations Protect Those Who Are Neurodivergent?
Again, neurodiversity is an umbrella term that encompasses a wide range of neurological differences. These neurological differences can include autism spectrum disorder, attention deficit hyperactivity disorder (ADHD), dyslexia, dyspraxia, and more. Unfortunately, those who are neurodivergent often face discrimination in the workplace and other settings due to their unique needs.
However, there are ways that employers, schools, and other organizations can protect and support those who are neurodivergent. Let’s take a look at five of them.
Raise Awareness
The first step to protecting those who are neurodivergent is to raise awareness among employers, teachers, administrators, and staff members about what it means to be neurodivergent. This includes educating people about the unique needs of individuals on the autism spectrum or with ADHD or dyslexia as well as how best to accommodate those needs in the workplace or school setting.
By raising awareness and understanding of these issues among staff members, employers and schools can create an environment that is inclusive of everyone regardless of their neurological differences.
Think Carefully About Hiring Practices
When hiring new employees or admitting new students to a school or organization, it’s important for employers and schools to think carefully about their hiring practices. Individuals who are neurodivergent may have different abilities than other applicants but should never be disregarded because of this fact.
Instead of focusing solely on academic qualifications or past job experience when hiring someone for a role, employers should also consider things like communication skills, problem-solving skills, creativity, teamwork skills—all qualities which many individuals with neurological differences possess in abundance!
Recognize and Embrace Differences
Once someone has been hired or admitted into an organization or school setting it’s essential that they feel recognized and embraced despite any neurological difference they may have. This means creating spaces where everyone feels safe to express themselves without fear of judgment or ridicule from peers or colleagues.
It also means creating policies that protect employees from discrimination based on things like gender identity or ability status. By recognizing and embracing all types of diversity within an organization or school setting we can create a more inclusive environment for everyone involved.
Talk to the Individual About Their Needs
One way to ensure that those who are neurodivergent feel comfortable in their work environment is by talking directly to them about their needs.
Everyone is different, so it’s important for employers and schools alike to ask questions about what accommodations might be needed for each individual person in order for them to feel supported in their roles/classes/etc.
This could include providing access to additional technology, such as speech-to-text software or specialized seating arrangements depending on the individual’s needs.
Give Time and Options
Everyone learns and works differently, so it’s important for employers, schools, and organizations to give people time when learning new tasks as well as options when it comes to completing tasks/assignments/projects, etc.
For example ,if someone isn’t comfortable writing out long essays, they might have the option of doing a video presentation instead – giving time & options allows everyone the opportunity to show what they know while still feeling supported & respected throughout this process!
Legal Protections for Neurodiversity Outside of the USA
Don’t live in the United States? There are protections for individuals who are neurodivergent outside of America, too. Let’s take a closer look.
United Kingdom
In the UK, the Autism Act 2009 is the only law specifically in place to protect neurodivergent people. This law obliges the Government to introduce and review an adult autism strategy every few years – one such strategy was published in 2010 and refreshed only four years after in 2014.
This strategy provides guidance for local authorities and the NHS on providing better training to staff, assistance with identification and diagnosis, developing transition plans when transitioning between children to adult services, offering employment help as well as criminal justice assistance.
Legislation in the UK:
Canada
In Canada, neurodivergent individuals are protected by federal human rights legislation including The Canadian Human Rights Act which states that everyone should have equal access to employment opportunities regardless of physical or mental disabilities.
The Canadian Charter of Rights and Freedoms guarantees equality before law without discrimination. Provincial governments also enact additional laws which may vary depending on region but still aim towards protecting neurodivergent individuals from discrimination. This is both within educational institutions as well within employment opportunities.
Legislation in the Canada:
- Canadian Human Rights Act
- Canadian Charter of Rights and Freedoms
- Employment Equity Act
- Education Act
Australia
Australia has several laws in place, including the Disability Discrimination Act (1992), which prevents discrimination based on disability in areas like education, employment, goods and services, clubs and other activity.
There’s also the Disability Services Act (1986), which helps community organizations and governments provide services for people with disabilities.
In addition, Australia also recognises different forms of financial support for those living with disabilities or caring for someone with a disability, including through its Social Security Act (1991) – providing an income display benefit; its Payment Supplement; Carer Supplement; and Health Care Card.
And lastly, Australia’s National Disability Insurance Scheme Act (2013) ensures support services are available throughout the country.
Legislation in the Canada:
- Disability Discrimination Act 1992
- Disability Services Act 1986
- Social Security Act 1991
- National Disability Insurance Scheme Act 2013
What to Do If You’re Not Sure What Your Country Offers
Many countries outside the United States do not have laws on the books that protect those living with neurodivergent characteristics from discrimination or provide other forms of assistance.
If you are unsure what your home country offers in terms of legal protection for neurodiversity, the best thing that you can do is look up a local attorney or legal advocate. The best way to do this is usually through the local bar association; it’s here that you can find individuals who are knowledgeable about legal protections and regulations concerning neurodiversity in your area.
Final Thoughts
Neurodivergent individuals often face discrimination and lack of awareness when it comes to accessing resources such as education and employment opportunities – but there are laws put into place designed to protect them from this kind of unequal treatment.
The Americans with Disabilities Act (ADA), Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act are just some examples of laws and legal protections available for those living with neurodiversity – ensuring they have equal access to necessary resources and allowing them to participate fully in all aspects of life without fear or stigma associated with their condition.
By understanding these laws we can help create an environment where neurodivergent individuals feel safe and supported throughout their lives!
Further Reading
- Carl Sherman, Ph.D.: Is ADHD a Disability? Your Legal Rights at Work
- American With Disabilities Act: Guide to Disabilities Rights Laws
- Chris Hanson: 7 Great Questions Actually Worth Asking At IEP Meetings
- CHADD: Laws and Legal Protections
- Additude Magazine: Workplace Legal Protection