ANALYSIS: EEOC Stats Make the Case for Protecting Neurodiversity

Some employers do—and more employers should—track neurodiversity as part of their DEI efforts. But in-house attorneys would be wise to pay attention to neurodiversity for reasons that go beyond DEI. The Equal Employment Opportunity Commission is paying attention too—and it’s receiving a growing number of disability discrimination charges based on neurodiverse conditions.

Neurodiversity refers to differences in the ways the brain processes information and includes neurological conditions like autism, attention deficit hyperactivity disorder (ADHD), and dyslexia. Some researchers and advocates include psychiatric/mental health disabilities under the neurodiversity umbrella too. Neurodiverse employees may perform some tasks better, more efficiently, ...