As awareness of neurodiversity continues to grow, employers are increasingly confronted with workplace issues involving employees and applicants with neurodivergent conditions, including but not limited to, autism spectrum disorder, ADHD, dyslexia, dyspraxia, and Tourette syndrome. These conditions can cause differences in cognitive processing, communication, learning, and sensory experiences and can present unique challenges, as well as opportunities, in the workplace. For employers, understanding how to effectively support neurodivergent employees is not only an issue of inclusion, but also a legal imperative.

This program will examine the evolving legal landscape governing neurodiversity in the workplace under the Americans with Disabilities Act (ADA), state anti-discrimination laws, and related regulatory guidance. Participants will gain practical guidance with respect to recognizing and responding to accommodation requests, navigating the interactive process, evaluating reasonable accommodations, and addressing performance management issues involving neurodivergent employees.

Topics will include:

• Understanding neurodiversity and common neurodivergent conditions, including autism spectrum disorder, ADHD, dyslexia, dyspraxia, and Tourette syndrome.
• The strengths and value neurodivergent employees bring to the workplace, as well as common workplace challenges and barriers.
• Legal protections for neurodivergent employees under the ADA, state anti-discrimination laws, and related regulatory guidance.
• Identifying when a neurodivergent condition may constitute a disability and can trigger an employer’s obligation to engage in the interactive process.
• Recognizing accommodation requests and conducting an effective interactive process
• Evaluating reasonable accommodations, including communication modifications, workplace environmental adjustments, scheduling flexibility, assistive technology, and supervisory strategies.
• Addressing performance management, conduct issues, and workplace expectations while remaining compliant with disability laws.
• Recent court decisions, EEOC enforcement actions, and emerging litigation trends involving disability discrimination, failure-to-accommodate claims, harassment, and retaliation.
• Best practices for documentation, manager training, and mitigating legal risk.
• Strategies for fostering neuro-inclusive workplaces and incorporating neurodiversity into workplace inclusion initiatives.

Attendees will leave with practical tools and actionable strategies they can implement to support neurodivergent employees, minimize legal exposure, and create workplaces where neurodiverse talent can thrive.