The Challenges of Neurodiversity in the Workplace: The Powerful but Overlooked
An Analysis of the Challenges Faced by Neurodivergent Employees and its Significance in the Legal and STEM Fields.
Written by Mary Kate Nowak
Neurodivergence is a term used to describe people whose brains behave differently from what society considers “normal.” [1] The term was created in 1998 by Judy Singer, an Australian sociologist, in her thesis discussing the rising disability and social movement. [2] Singer has stated that, to her, neurodiversity is an “identity, similar to gender or race, and is best understood through an intersectionality framework.” [3]
Neurodiversity is often used to describe certain neurological conditions and learning disabilities, such as Autism and Attention Deficit Hyperactivity Disorder (ADHD). [4] However, the term encompasses many other conditions, such as bipolar disorder, dyslexia, dyspraxia, down syndrome, and Tourette syndrome. [5]
Neurodivergent people have different strengths and challenges than “neurotypical” people (i.e., people whose brains do not have those differences).[7] For instance, many neurodivergent people have difficulties with mental function, learning styles, sensory processing, or communication. [8] They may also struggle with emotional intelligence or working with others in a group setting. [9]
Neurodivergence is protected as a disability under the ADA. The ADA defines a person with a disability as someone who has a “physical or mental impairment that substantially limits one or more major life activities.”[10] However, not every neurodivergent person considers themselves disabled. For some, their condition may only be disabling in certain environments. [11] For instance, a person with dyslexia with predominately reading comprehension symptoms may severely struggle in an academic setting. On the other hand, this same individual may not be affected in a workplace environment where reading and writing are not required.
While these disorders can often have negative associations, neurodivergent individuals have a host of different strengths compared to “neurotypicals”. For instance, many people with autism spectrum disorder and dyslexia have an increased ability in pattern recognition, memory, and mathematics. [12] Similarly, people with ADHD can have higher levels of social intelligence, empathy, and creativity. [13]
Why Neurodivergents Struggle in the Workplace
An estimated 15-20% of the world’s population is neurodivergent. [15] Yet, the unemployment rate among neurodivergent people can be as high as 40%.[ii]
One reason for this severe unemployment rate is the negative associations among employers.[16] Many employers hire candidates with “traditional” traits of a successful employee, such as good communication skills, the ability to work in a group, or the ability to network. [17] They may also judge an interview based on behaviors unrelated to a candidate’s skill set, such as maintaining eye contact with the interviewer, a firm handshake, or their ability to make successful small talk. However, neurodivergent behaviors and skills often run counter to these “traditional” traits. [18] As a result, many neurodiverse people are prevented from being considered hirable candidates.[19]
These problems still exist even when neurodivergent employees are hired. The majority of neurodivergent employees do not disclose their condition at work. Most often, this is due to the concern that their employees or colleagues may treat them differently after learning about their condition.[20] These employers and colleagues may not intend to treat their neurodivergent colleagues differently but may be unconsciously biased towards them.
Some neurodivergents may even try to change their behavior to hide their differences to “fit in” with the rest of the workplace or to avoid stigma about their diagnosis. [21] This is most commonly known as “masking.” [22] However, masking increases the risk of burnout, stress, and depression, which may result in neurodivergent employees leaving the workforce. [23]
Why Does This Matter?
Many organizations are aware of the importance of diversity, equity, and inclusion efforts in their workforce: an inclusive work culture can foster diversity of thought, innovation, and creativity. [24] However, neurodiversity is often overlooked when it comes to these initiatives.[25] And, when employers fail to consider neurodiversity in their inclusion efforts, they are severely missing out. For instance, research has shown that teams with neurodivergent employees can be 30% more productive. [26]
Intellectual Property (IP) firms should also be considering neurodiversity in their diversity efforts, as it is likely that both the legal and STEM fields have a higher-than-average percentage of neurodivergent employees. For instance, a 2016 study from the American Bar Association states that 12.5 percent of lawyers reported having ADHD, compared to 4-8 percent of adults generally. [27] STEM fields have also shown a higher incidence of neurodivergence. A study published by The Journal of Autism and Developmental Disorders found that students with autism choose STEM majors at a higher rate than the general population. [28]
Accordingly, IP law firms would benefit substantially from including neurodivergence in their diversity and hiring practices. A significant portion of IP attorneys may be neurodivergent in some form, and many IP firms’ clients may also be neurodivergent. Thus, it is important to understand the neurodivergent brain and how it can work for attorneys, not against them.
What Should We Do?
There are many ways that employers can accommodate neurodivergent people in their hiring processes and the workplace.
Reduce the Stigma
Many lawyers are not always comfortable talking about mental health and disability due to the stigma that continues to exist within the legal industry. As a result, these people may feel the need to “mask” in the workplace, which can eventually lead to anxiety, depression, and burnout. Education and training can help promote understanding of neurodiversity in the workplace. [29] For instance, employers can include neurodivergence in their DEI initiatives. Employers can also implement specific organizational policies regarding neurodiversity to ensure that everyone is on the same page. [30]
Change the Hiring Process
Employers should remember that not every successful candidate will look the same. While neurodivergent people may not possess certain “stereotypical” characteristics, they often have many strengths that may be overlooked in an interview. Therefore, law firms should look at their hiring evaluation criteria and closely analyze them for potential biases toward neurodivergent individuals. For instance, recruiters and hiring managers should be wary of hiring criteria that evaluate a candidate based on eye contact, handshakes, or physical behavior during an in-person interview. Similarly, hiring teams should be open to changing the format of interviews depending on the person.
Make Accommodations More Accessible
Employers may assume that a person with a disability will disclose it during the onboarding process. However, that is not always the case. Many lawyers may not be comfortable disclosing their disability, either due to the stigma surrounding neurodiversity or for other personal reasons. There may even be employees who are not yet aware that they can get support in an office setting and instead will “self-accommodate” and find ways to adapt.
In the onboarding process, employers can make it clear to all candidates that accommodation exists for a range of conditions and disabilities. Employers can also implement certain privacy policies to protect information about neurodivergent workers’ diagnoses, which may make more employees comfortable disclosing their conditions.
Employers can also make certain accommodations available to all employees, regardless of their disability status. For instance, remote work and flexible start times are easy accommodations to offer all employees, especially post-COVID. Further, managers should be given training on different learning, working, and communication styles, and how they can best accommodate employees who work differently from them. By making adjustments in the workplace, neurodivergent employees can benefit even when they are not yet comfortable discussing their disability.
Conclusion
Creating an inclusive environment is not only beneficial for neurodivergent employees but also for the workforce. By providing appropriate accommodations, employers can tap into a diverse pool of talent, improve workplace morale, and ultimately increase productivity. Thus, by creating a culture of acceptance and inclusion, we can harness the unique strengths and talents of all individuals, regardless of their background.
[1] APA Member Services. (2023, July 12). Strength in neurodiversity. American Psychological Association. https://www.apa.org/members/content/neurodiversity [https://perma.cc/KZC2-VBBF].
[2] John Harris, The mother of neurodiversity: how Judy Singer changed the world, The Guardian, Jul. 5, 2023, https://www.theguardian.com/world/2023/jul/05/the-mother-of-neurodiversity-how-judy-singer-changed-the-world. [https://perma.cc/KBR7-HW94].
[3] Amy S.F. Lutz, An Interview with Neurodiversity Originator Judy Singer | Psychology Today, www.psychologytoday.com (2023), https://www.psychologytoday.com/us/blog/inspectrum/202306/an-interview-with-neurodiversity-originator-judy-singer. [https://perma.cc/ZUW8-68FZ].
[4] Nicole Baumer & Julia Frueh, What Is Neurodiversity?, Harvard Health Publishing (2021), https://www.health.harvard.edu/blog/what-is-neurodiversity-202111232645 [https://perma.cc/8RFV-UASN].
[5] Monika Mahto, Brenna Sniderman & Susan K. Hogan, Creating support for neurodiversity in the workplace, Deloitte Insights (2022), https://www2.deloitte.com/us/en/insights/topics/talent/neurodiversity-in-the-workplace.html [https://perma.cc/M692-4RVL].
[6] Neurodiversity – Definition, Examples, Symptoms, Movement, Affirming, www.anahana.com (2023), https://www.anahana.com/en/physical-health/neurodiversity (last visited Apr 12, 2024) [https://perma.cc/UE2A-XXZF].
[7] Cleveland Clinic, Neurodivergent: What It Is, Symptoms & Types, Cleveland Clinic (2022), https://my.clevelandclinic.org/health/symptoms/23154-neurodivergent [https://perma.cc/3RKN-J2V4].
[8] Erin Gregory, What Does It Mean To Be Neurodivergent?, Forbes Health (2022), https://www.forbes.com/health/mind/what-is-neurodivergent/ [https://perma.cc/7RER-LGCZ].
[9] Id.
[10] U.S. Department of Justice Civil Rights Division, Introduction to the Americans with Disabilities Act, ADA.gov (2022), https://www.ada.gov/topics/intro-to-ada/ [https://perma.cc/8K7T-3RQ3].
[11] Joanna Craig & Nirvana Dove, AT A GLANCE 7 NEURODIVERSITY IN THE LEGAL PROFESSION: PROGRESS IN RECRUITING AND SUPPORT EFFORTS PRESENTS NEW DISCLOSURE QUESTIONS, (2023), https://www.law.upenn.edu/live/files/12555-neurodiversity-in-the-legal-profession (last visited Apr 9, 2024) [https://perma.cc/5WKN-9499].
[12] Robert Austin & Gary Pisano, Neurodiversity Is a Competitive Advantage, Harvard Business Review (2017), https://hbr.org/2017/05/neurodiversity-as-a-competitive-advantage [https://perma.cc/3WKU-SZWR].
[13] Zia Sherrell, 6 Strengths and Benefits of ADHD, www.medicalnewstoday.com (2021), https://www.medicalnewstoday.com/articles/adhd-benefits [https://perma.cc/93H9-DNDS].
[14] Emmalee Eckstein, OT Research Bolsters Neurodiversity in the Workplace | Saint Joseph’s University, www.sju.edu (2023), https://www.sju.edu/news/ot-research-bolsters-neurodiversity-workplace#:~:text=It%20is%20estimated%20that%2015 [https://perma.cc/J7WF-PECW].
[15] Id.
[16] Austin & Piano, supra note 12.
[17] Id.
[18] Id.
[19] Id.
[20] Noreen Sharif, Seeing the invisible: Learning to accommodate neurodivergence at work, The Cap Times (2023), https://captimes.com/news/seeing-the-invisible-learning-to-accommodate-neurodivergence-at-work/article_a7b504e0-0f32-50e1-b17b-419aaabb97fa.html (last visited Apr 12, 2024) [https://perma.cc/CBB2-L2HX].
[21] Mind Tools Content Team, MindTools | Home, www.mindtools.com, https://www.mindtools.com/anu7wx5/neurodiversity-at-work [https://perma.cc/JT3A-9LT7].
[22] Id.
[23] Id.
[24] Monika Mahto, Brenna Sniderman & Susan K. Hogan, Creating support for neurodiversity in the workplace, Deloitte Insights (2022), https://www2.deloitte.com/us/en/insights/topics/talent/neurodiversity-in-the-workplace.html [https://perma.cc/M692-4RVL].
[25] Kelly Luc, Neurodiversity in the workplace: Why it matters, Culture Amp (2024), https://www.cultureamp.com/blog/neurodiversity-in-the-workplace#:~:text=Neurodiversity%20is%20a%20powerful%20yet (last visited Apr 15, 2024) [https://perma.cc/P6W3-THB7].
[26] Mahto, supra note 24.
[27] Lee Rawles, How neurodiverse lawyers can thrive in the profession – and change it for the better, American Bar Association (2021), https://www.americanbar.org/groups/journal/podcast/how-neurodiverse-lawyers-can-thrive-in-the-profession-and-change/ [https://perma.cc/7WDD-KV5C].
[28] Jonathan Kaufman, Disability as Diversity in STEM: A New Perspective, ASM.org (2023), https://asm.org/articles/2023/july/disability-as-diversity-in-stem-a-new-perspective (last visited Apr 15, 2024) [https://perma.cc/F9VW-3QPS].
[29] Ian Hare, Neurodiversity in the Workplace | Skillcast, www.skillcast.com (2023), https://www.skillcast.com/blog/neurodiversity-workplace (last visited Apr 15, 2024) [https://perma.cc/GW8P-H6HS].
[30] Mahto, supra note 24.