Jason Meyer on Neurodivergence and ADA Risk [Podcast]

Compliance Perspectives

By Adam Turteltaub Back in November 2023 on a previous podcast, Jason Meyer (LinkedIn), founder of Meyer Business Law and President of LeadGood Education, shared with us an interesting statistic: Estimates are that about 20% of the workforce has some sort of neurodiversity such as ADHD, autism, dyslexia, sensory integration and executive function issues. In this podcast, he shares that with such a large population there are two risks that the compliance team needs to be aware of and address. First, the training and other content being delivered may not be effective for segments of the neurodivergent population. Second, there are Americans with Disabilities Act (ADA) considerations to be addressed. The ADA, he explains, covers physical or mental impairments that substantially limit one or more of life’s activities. Thinking, reading and communicating all fall under major life activities and are affected by neurodivergence. Consequently, if you know or should know that one of your employees is neurodivergent then you are obligated to engage in a dialogue and make a reasonable accommodation. The ADA is not triggered, however, if the employee is making or not requesting one. There is also risk if your organization fails to hire or promote people because of their neurodivergence. So what should compliance teams do? Add this to the risk assessment and start working on mitigation plans, starting with your compliance messaging and training. Listen in to learn more about how to address this risk that affects one fifth, or more, of your workforce. Listen now