October is recognized as National Disability Employment Awareness Month in an effort to promote inclusive workplaces and recognize the contributions of employees with disabilities. A growing segment of the workforce are neurodivergent individuals, including those with autism.
Employers and those monitoring employment law trends should treat neurodiversity-related requests as ADA accommodations and use a documented, interactive process to identify reasonable options while training front-line teams accordingly. Accommodations could include sensory and communication adjustments and, in some cases, service animals.
The most defensible path when an autistic or neurodivergent employee seeks help is to offer accommodations that enables essential job functions without undue hardship.
Neurodiversity and ADA
Neurodiversity covers a spectrum (including autism) with widely varying support needs. In practice, ADA compliance turns on a practical, individualized dialogue that goes beyond labels. Defensibility improves when you run (and record) a structured interactive process that targets essential functions, tries low-friction adjustments first, and escalates only as needed.
Make ADA execution routine across people, process, and technology. HR and front-line managers need clear playbooks; legal needs documentation to defend decisions; IT/facilities need a catalog of feasible adjustments. If you centralize intake, standardize decisioning, and monitor outcomes, accommodations will remain aligned with job requirements.
- Policy and process:
- Decision matrix tied to essential functions; track considered alternatives and why they were accepted/rejected.
- Escalation path for concerns with individualized risk assessment and alternative proposals.
- Training and reporting:
- Train managers and HR on the interactive process.
- Track cycle times, approvals/denials, and appeals to spot bottlenecks and bias.
- Governance and controls:
- Quarterly legal/HR reviews of denials (litigation posture, completeness of record).
- Update templates and job descriptions to reflect essential functions.
What Reasonable Accommodations Can Look Like in Practice
Title I of the ADA requires covered employers to provide reasonable accommodations to qualified individuals with disabilities, absent undue hardship (42 U.S.C. § 12112(b)(5)(A)). Accommodations should enable the employee to perform the job’s essential functions or otherwise enjoy equal employment opportunities.
Think in categories such as sensory, communication, scheduling, supervision, tools, and environment. The appropriate blend depends on the role’s essential functions and the employee’s specific barriers. Start with low-cost, reversible changes, then measure results and recalibrate as needed. A reasonable accommodation must be individualized.
- Sensory environment: quiet spaces, noise-reducing options, lighting adjustments.
- Communication support: written agendas, specific instructions for tasks, clear structured workflows.
- Scheduling: predictable routines, short breaks, limited context switching where feasible.
- Supervision and coaching: consistent feedback, task segmentation, peer mentor. Where continued support remains necessary and reasonable, employers should not discontinue it solely because the employee is performing well or appears to need less assistance.
- Tools and tech: visual task boards, timers, notification controls, checklists.
Practical Lessons for Employers
In Robinson v. First State Community Action Agency, 920 F.3d 182 (3d Cir. 2019), an employee working as an individual development account counselor requested “hands-on organized training” after her supervisor suggested that she might have a disability or dyslexia. An evaluation identified signs consistent with dyslexia but did not diagnose the condition.[1] Robinson’s employer declined to provide the requested assistance, and she was later terminated. A jury found for Robinson on her reasonable-accommodation claim, and the Third Circuit affirmed the judgment.
Robinson illustrates why employers should not assume that accommodating a neurodivergent employee will necessarily be costly or disruptive. Requests for structured, hands-on instruction may be addressed through relatively simple measures, such as step-by-step demonstrations, written procedures, or additional opportunities to practice unfamiliar tasks. Although the appropriate accommodation depends on the employee’s individual limitations and job responsibilities, employers should explore practical, potentially low-cost solutions before concluding that a request is burdensome.
In July 2023, the EEOC announced a $25,000 settlement involving a cashier with an intellectual disability at The Salvation Army’s Ann Arbor thrift store. According to the EEOC’s lawsuit, the employee had worked successfully for five months with a job coach during his probationary period. A new manager allegedly refused to allow additional coaching, disciplined the employee for minor mistakes, and terminated him. The consent decree required payment and additional compliance measures.[2]
This matter illustrates the importance of assessing whether effective support should continue after initial training or probation. Employers should evaluate the employee’s actual performance with the accommodation in place rather than assume that continued support is unnecessary merely because the employee has become more proficient.
In May 2022, the Equal Employment Opportunity Commission (EEOC) announced that RCC Partners, LLC, a Subway franchise operator, agreed to pay $30,000 and provide other relief to settle a disability-discrimination lawsuit involving an employee with autism and ADHD. According to the EEOC’s lawsuit, the employee’s mother explained that he needed accommodations, including specific task instructions, redirection, and follow-up to confirm that he understood assignments. The EEOC alleged that the employer did not provide those accommodations and terminated him after four shifts.[3]
The matter illustrates how potentially effective accommodations may involve relatively straightforward changes in communication and supervision. Depending on an employee’s individual needs, measures may include concrete written instructions, breaking assignments into manageable steps, constructive reminders, and check-ins to confirm that task expectations are understood. These measures may be useful when disability-related limitations affect processing instructions, organizing tasks, or transitioning between activities.
Why This Matters for Employers
The business case is straightforward: better retention, lower error rates, stronger innovation, and reduced legal exposure.
- Key takeaways:
- Treat every request as an ADA accommodation request; run a documented process.
- Document individualized risk analyses; offer alternatives when raising safety concerns.
- Expect continued ADA scrutiny; align policies, training, and automation to avoid systemic issues.
Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.
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[1] In 2008, the ADA was amended. Now, an individual who demonstrates that she is “regarded as” disabled, but who fails to demonstrate that she is actually disabled, is not entitled to a reasonable accommodation. In Robinson, the pre-amendment Act was applied, where accommodations were required for those “regarded as” disabled.
[2] See EEOC, “Salvation Army Settles EEOC Disability Discrimination Lawsuit” (July 12, 2023).
[3] See EEOC, “RCC Partners to Pay $30,000 to Settle EEOC Disability Discrimination Lawsuit” (May 10, 2022).