ANALYSIS: ADA Charges Based on Neurodiversity Continue to Rise

The percentage of Americans with Disabilities Act (ADA) charges based on neurodiversity-related conditions has steadily increased since 2016, according to data from the Employment Opportunity Commission (EEOC). The rise likely indicates that individuals have a better understanding of neurodiverse and mental health conditions and an increased willingness to seek accommodations.

Bloomberg Law previously reported that from 2016 to 2020 ADA charges related to neurodiversity had risen. Since that analysis, the percentages have continued to rise.

The percentage of EEOC disability charges related to neurodiversity has increased 10% in the last six years: from 31% of the total charges in FY2016 (8,736 charges out of 28,073) to 41% in FY2022 (10,178 charges out of 25,004). Further, the number of EEOC disability charges has dropped during this time frame, but the number of charges related to neurodiversity has risen.

Charges related to autism more than doubled, going from .4% in 2016 to 1.2% in 2022. Additionally, anxiety increased from increased from 7.6% to 12.3% over the six-year period.

Interestingly, the overall percentage of neurodiverse ADA charges stayed the same from 2020 to 2021 (38%). While it’s easy to assume that the stress of the pandemic would cause an increase, perhaps the slower work-from-home pace was an asset to neurodivergent individuals.

A higher percentage of law students identify as neurodivergent compared to practicing lawyers, according to Bloomberg Law data. The EEOC data isn’t broken down by age, and it would be interesting to see whether a large chunk of these charges is coming from those in younger generations.

Neurodiversity and DEI

Whatever the reasons for the increase in neurodiversity-related ADA charges, employers need to pay attention to neurodiversity. Bloomberg Law’s 2023 DEI Framework found that some law firms are starting to include neurodiversity as a part of their overall DEI initiatives.

As more law firms follow suit, they will ensure that these attorneys feel like they belong, allowing neurodivergent employees to thrive.

Bloomberg Law subscribers can find related content on our  Surveys, Reports & Data Analysis page, our Practical Guidance: EEOC Charges page, our Practical Guidance: DEI in the Workplace, and our In Focus: Lawyer Well-Being page.

For more information about Bloomberg Law’s DEI Framework, including the listing of 2023 member firms, overall aggregate report, and information on the 2024 DEI Framework and timeline, click here.

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