Today, we’re going to look at the legal rights of neurodivergent individuals in the workplace. This information is accurate as of now, but laws and regulations vary from country to country, and they may also change over time. So make sure, if you need to explore your legal rights, that you’re up to date on the current law where you live. 

In many countries, neurodivergence falls under the category of disability rights. This means individuals are entitled to specific legal protections and support mechanisms designed to ensure fair treatment and equal opportunities in the workplace.

One of the key rights afforded to neurodivergent individuals is protection against discrimination. In countries such as the UK, under the Equality Act 2010, and in the United States, under the Americans with Disabilities Act (ADA), employers are prohibited from treating employees unfairly based on their neurodivergence. This protection applies to all aspects of employment, including hiring, promotions, pay, and termination.

Another important entitlement is the right to reasonable adjustments—or accommodations, as they are often called. These adjustments are designed to support individuals in overcoming challenges related to their neurodivergence so they can perform their job effectively. Examples of reasonable adjustments might include flexible working hours, adjustments to the work environment such as providing noise-cancelling headphones, offering written rather than verbal instructions, or altering the interview process to make it more accessible. Legally, these adjustments must be "reasonable," meaning they should not impose an undue burden on the employer, though many adjustments are simple and cost-effective to implement.

The matter of disclosure is also significant. While there is no legal obligation to disclose neurodivergence to an employer unless adjustments are required, sharing this information can enable the employer to provide the necessary support. Any disclosure made must be treated confidentially, and the information should only be shared with those who need it, such as human resources or relevant managers.

It is also worth addressing situations involving bullying or harassment. Neurodivergent individuals are entitled to a safe and inclusive working environment, and employers are legally obligated to address inappropriate behaviour and ensure fair treatment. If such issues arise, reporting them to human resources is often the first step. Should the matter remain unresolved, there are legal avenues available, such as employment tribunals in the UK or similar processes in other countries.

Finally, understanding and asserting your rights is a vital part of ensuring that you are supported in the workplace. It may be helpful to have an open discussion with your employer or HR department about your needs, supported by any relevant documentation, such as a diagnosis or professional recommendations, although reasonable adjustments should be provided even if you self-identify as neurodivergent. 

Asking for reasonable adjustments can feel uncomfortable, as can sharing your neurodivergence, but remember that the legal protections are in place for a reason. You’re not alone and many other neurodivergent people have found that they can continue with the careers that they love and need with some simple measures in place to help them do so.