Understanding 504 Plans and Workplace Accommodations for Neurodivergent Adults
Disclaimer: We want to affirm our commitment to neurodiversity and inclusive language practices. We utilize identity-first language, acknowledging the preferences of the community we serve. Therefore, you may notice us referring to individuals as "autistic people" rather than "people with autism." This choice reflects our dedication to respecting the autonomy and identity of each individual. Studies have indicated that many within the autistic community prefer the term "autistic person," emphasizing the importance of recognizing and honoring diverse perspectives. Thank you for joining us on this journey of understanding and acceptance.
Previously, we have discussed the crucial role of 504 Plans for autistic adults. We focused on understanding 504 Plans and housing as well as understanding 504 Plans and educational accommodations for neurodivergent adults (in California and Minnesota). Now, we will turn our attention to understanding 504 Plans and workplace accommodations for neurodivergent adults.
Federal protections
As a refresher, there are some federal laws (and other protections) in place to protect individuals with disabilities from discrimination in the workplace, for example there is the Americans with Disabilities Act and the Rehabilitation Act of 1973. There is also the Equal Employment Opportunity Commission, which is a federal agency dedicated to enforcing federal laws prohibiting discrimination on a number of bases [1].
1. Americans with Disabilities Act of 1990
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability, requiring employers to provide reasonable accommodations for employees with a disability [2]. A “reasonable accommodation” is defined as being any change, adjustment, or modification to a job or work environment that would help an individual with a disability to participate in the job application process or perform the essential tasks of their position, and overall, to engage in equal opportunity employment [2].
2. Rehabilitation Act of 1973
The Rehabilitation Act of 1973 prohibits discrimination based on disability in federally funded programs, in programs conducted by federal agencies, and in federal employment [2].
3. Section 504
Section 504 of this Act in particular creates and extends civil rights to individuals with disabilities, stating that a qualified person cannot be discriminated upon on the basis of their disability. As a result, all federally funded programs must adhere to this law and cannot discriminate against a potential, current, or former employee with a disability [2].
4. Equal Employment Opportunity Commission
The Equal Employment Opportunity Commission (EEOC) enforces laws against workplace discrimination (on the basis of race, color, religion, national origin, sex, disability, or age) [1]. To this end, the aforementioned federal laws protect individuals from discrimination based on their disability [2]. The EEOC enforces federal laws and protects individuals who are discriminated against due to their disability. For example, they protect individuals against employment discrimination involving unfair treatment, harassment, denial of reasonable accommodations, and/or retaliation [1].
What rights do you have as someone with a disability?
1. Confidentiality – Medical records and all other personal information is confidential and cannot be shared.
2. Freedom from:
a. Harassment – It is illegal to harass an applicant or employee on the basis of a perceived impairment or disability, on a current or past disability, or for the association with a disability [1].
b. Retaliation – Potential, current, and former employees are protected by law from retaliation for asserting their rights under the ADA (or other federal equal opportunity employment laws). Speaking out against workplace discrimination is considered a “protected activity” and cannot result in retaliation [1].
c. Interference – Federal laws also prohibit the interference of an individual’s ADA rights. To this end, employers cannot threaten, intimidate, or otherwise interfere with a potential, current, or former employee because they exercised their ADA rights [1].
d. Association – There are also federal protections in place prohibiting the discrimination of an individual based on their relationship with a person with a disability. For example, an employer cannot discriminate against a potential employee because their partner or family member has a disability [1].
During the employment application and interview stage, an employer may not ask you about disability-related questions, such as if you have a disability [1]. You are also not required to take a medical exam. On the other hand, an employer can ask whether you could perform the functions of the job and whether you would need reasonable accommodation [1]. After a job offer, the employer can condition the offer on the employee answering disability-related questions and/or on passing a medical exam- though only if all new employees in the same job/role have to answer the same questions and pass the same physical. An employer may only revoke the position if the individual is unable to safely perform the job with the accommodations necessary [1]. After employment begins, the employer can typically only ask disability-related questions or for the individual to have a medical exam if the employee requests an accommodation (serving as support) or if the employer has unbiased evidence that the employee cannot safely perform the duties of their job [1].
What are “reasonable accommodations” in the workplace?
Reasonable accommodations do not mean lowering the standards of the application or job performance [3]. These accommodations can also be requested by an employee at any time.
General examples of accommodations:
Modification of work schedule or policy
Physical changes to the workspace
The use of equipment and devices for aid
Job restructuring
Job coaching
Specific examples of accommodations:
An employee might request regular feedback from their supervisor/employer to stay on track.
Someone might request a desk that converts from sitting to standing if it is difficult for them to sit for long periods of time, given a disability or other medical concern.
Might request brief 5-minute breaks as needed to aid productivity and help with the given medical concern.
How should you go about requesting an accommodation in the workplace?
Individuals who are requesting an accommodation in the workplace must let their employer know that they need an adjustment due to a medical condition. The ADA refers to the accommodation process as being interactive, so it is important to work collaboratively with your employer in developing reasonable adjustments in the workplace [3].
What if my request is denied?
If an accommodation request is denied, there might be additional information needed or an alternative accommodation might need to be suggested. An employee can appeal an employer’s decision to deny an accommodation by either going up the chain of command, filing a grievance with their union, or filing a complaint with the EEOC.
Overall, 504 Plans are very important for autistic adults and can be crucial to implement in the workplace. Reasonable accommodations are allowed subject to federal laws and other protections for individuals with disabilities. If a request is denied, an employee has the ability to appeal the decision or file a complaint with the Equal Employment Opportunity Commission. An individual cannot be discriminated against due to a disability during any stage of the employment process (that is, not during applications, the interview phase, or once employed). If you have been discriminated against at work, consider filing a Charge of Discrimination on the EEOC website or check out their other resources.
If you think you are Autistic or an ADHD-er and need accommodations, we would love to speak to you about Autism Evaluations or ADHD Evaluations! Contact us today.
References:
[1] https://www.eeoc.gov/employees
[2] https://www.autismspeaks.org/tool-kit-excerpt/employment-rights
[3] https://autism.org/autism-workplace-accomodations/
