Being neurodivergent would be anything outside the realm of what is deemed neurotypical. So, it’s just a different way of thinking, your brain may be a little different than others’. So, for autism, it’s usually looked at as restricted and repetitive behaviors, or difficulties with social communication. So, might be difficulty with making eye contact or maybe they have very rigid routines and they don’t like a lot of change. For ADHD, there is the inattentive type, and then there’s the hyperactive-impulsive, and also there’s also kind of that combined. The inattentive would be like difficulty paying attention. Or the hyperactive-impulsive might be more like fidgeting or interrupting others or those types of things. And with learning disabilities, it’s a little bit more broad, it depends on what area they have those issues. Often people think of dyslexia, which is more of a reading based disability.
I have ADHD myself. I went through grad school hearing from others, and also my own experience. You get different levels of people giving you a hard time. Or they kind of stereotype your behaviours as being kind of negative. So, for someone who’s autistic, if there’s a big change all of a sudden in their routine or work schedule, it might be challenging for them. Or maybe they don’t make as much eye contact, and other people kind of view that as rude. Maybe there is really loud noise or very bright lights and they are having trouble kind of doing their work because they’re finding that overstimulating. For ADHD, a lot of times maybe you’ll have a harder time listening in a meeting, maybe you’re doodling, something like that. People think you’re not paying attention and they get annoyed. Or if you get really excited about something you interrupt someone before they’re done speaking. That also can be seen as rude. Maybe they’re having trouble with time management skills or with kind of some of those executive functioning skills, so it’s harder for them to meet targets and deadlines. And if you have a learning disability, maybe if you have to do a lot of reading in your job, and your disability is related to that, then ou would see that it might take them longer to read or to get through things. But with the appropriate supports, a lot of these things can kind of be medicated. I think there is a lot of stigma about how people present and how it may affect their workplace. I did a study where I interviewed people with ADHD and asked them what they think their strengths, weaknesses, and associated stigma are. And a lot of them said that they don’t tell anyone at their workplace that they have ADHD because they’re worried that people think they’re incapable, that think they are stupid, and that they think that they’re using their ADHD as an excuse. I think that a lot of employers may be unsure. But I think a lot of times, this is coming from this like inherent bias against people that are neurodivergent, and not always a result of neurodivergent themselves.
The reason why it is difficult to prove discrimination against neurodivergent people is that, in order to conclude that there is, the person themselves must claim to be discriminated against. Then there is a personal implication that may be difficult to want to associate or to want to identify as a neurodivergent person. And then, among other things, to be entitled to reasonable accommodation, you have to ask for it. So, you have to have recognized yourself that you should be able to benefit from reasonable accommodation. So, it can sometimes be difficult for people who are victims of discrimination to take this path. We define discrimination as a distinction, exclusion or preference based on one of the grounds of discrimination listed in the Charter that compromises the exercise of our rights. When we are in an employment relationship, there are three major times when we can see discrimination: we see it in hiring, we also see it in working conditions, or it could also be through the refusal of reasonable accommodations – that is, refusing to provide working conditions that allow the person to do their job on an equal footing with others. The way a person can identify discrimination is if they collect information or that they collect evidence of that differential treatment.
The sanctions that courts can impose in a context of discrimination are very broad; there are many possibilities. The Charter offers many possibilities to the judges. The judge can in fact take any relevant measures. For example, requiring an employer to rehire an employee, requiring them to implement reasonable accommodation measures, requiring them to pay damages as well, and then they can even require the employer to undergo training or to have all of the employees undergo training. Employers’ legal obligations vary depending on the specific situation, making it very difficult to describe or understand reasonable accommodation. It is very difficult for employers, who sometimes have an obligation to implement reasonable accommodation. Therefore, an employer must do everything possible to enable the disabled person to work to the best of their ability, even to the point of undue hardship for them. When the company is very large, it is easier for the employer to do this, but if it is a small company – for example, if we are talking about the corner store where there are only three employees – it becomes more difficult for the employer, for example, to organize schedules so that the worker can consult his doctor or participate, have access to specific treatments, etc.
If they have difficulty with something like time management, then maybe they’re having a harder time, kind of reaching deadlines. But as a manager, one thing you can do is break projects down into smaller steps or set more internal deadlines, even for the first couple of projects, while they get the hang of it. Employers can make the workplace a little more neurodivergent friendly by talking with their employees one-on-one about strategies that may be helpful to help them accomplish and get through with their goals. Maybe if you have a learning disability, again, like reading, maybe getting a reading or writing software, to kind of help. But sometimes people see that as preferential treatment, if you’re getting a certain level of support, but it’s really just to help that person succeed.
I’ve also kind of heard from neurodivergent people in the workplace that they’re more comfortable often in sharing that they’re neurodivergent if there’s other people that are neurodivergent in the workplace, especially those that may be in higher positions then they are. So, they can see it modelled and that it can be accepted and people work with them, as opposed to against them. Because I think too, when I mention that I have ADHD, employers or something might be like: “Oh, she’s not gonna hit any of her deadlines or anything like that.” But that’s not really been an issue: I’m super motivated and I really love what I do, and I think a lot of neurodivergent people do, they’re really passionate about their work. And if we could kind of like build towards their strengths as opposed to only viewing the weaknesses, it’d be a lot better for everyone. If there is anyone that is openly neurodivergent in the workplace, they could talk with them about how to make the environment more inclusive, maybe even put together a group. If no one in the workplace is currently comfortable, which may be the case, maybe bring outside consultants or advocates outside, that come in and do some education, maybe get everyone to kind of work together and think together about how best to support everyone. And make sure that it’s not looked down upon if someone asks for accommodation or needs some level of support.
