Beyond “Reasonable Adjustments” – Towards Neuro-Inclusive Workplaces in Australia

The Australian Context

Despite these benefits, neurodivergent workers remain an underutilised resource in Australia. The prevailing approach often frames neurodiversity as an issue of compliance under the Disability Discrimination Act (DDA), focusing narrowly on the provision of “reasonable adjustments.” This view not only limits the potential contributions of neurodivergent workers but also fails to capture the broader advantages of neurodiversity awareness and neurodiversity training in the workplace. There are several problems with viewing neurodiversity employment solely through the lens of disability discrimination:
1. It assumes all neurodivergent workers have received a formal diagnosis, which is not always the case. Many individuals with ADHD, Autism, or Dyslexia may not be formally diagnosed and are therefore excluded from necessary support;

2. It presumes that neurodivergent workers identify as “disabled,” which many do not;

3. It assumes that those who are diagnosed and identify as disabled feel safe disclosing their condition and asking for adjustments. Many neurodivergent workers, fearing stigma or past experiences of unfair dismissal, may choose to remain silent about their needs.

For every neurodivergent worker who seeks help from their employer, many more remain silent and unsupported. While the medical model of disability and protections under the DDA and Anti-Discrimination Acts are necessary, they do not fully address the complexities of neurodiversity at work. There is a pressing need for employers to rethink their approach to accommodating and supporting neurodivergent talent through proactive neurodiversity training and awareness initiatives and a system-wide review of employment practices generally to ensure accessibility.

Legal and Compensation Implications

The growing focus on neurodiversity awareness is reflected in an increase in legal claims related to neurodiversity at work. In the UK, there has been a notable rise in employment tribunal claims related to neurodiversity discrimination, a trend that may soon be mirrored in Australia. As awareness of neurodivergent conditions grows, so does the likelihood of legal actions against employers who fail to provide adequate support or reasonable adjustments.

Lessons for Employers and Workers

For Employers

 1. Proactively implement neurodiversity awareness training programs to increase awareness and understanding of neurodivergent conditions like ADHD, Autism, and Dyslexia. This training should also cover the importance of making reasonable adjustments to support employees’ productivity and well-being.
2. In consultation with workers from diverse backgrounds, review employment practices and systems to ensure accessibility for all workers.

3. Adopt a person-centered approach to supporting workers with different thinking and functioning abilities, rather than being driven by neurodivergent labels (ADHD, Autism, Dyslexia etc.) which can be misleading. Focus on the individual’s core strengths and abilities as well as identifying challenge areas where they need support. The Neurodiversity Workplace Profiler can help take some of the guesswork out of this.

4. Maintain thorough documentation of all employee interactions, especially regarding potential dismissals. Clear communication about employment status and any concerns regarding performance or behaviour is essential.
5. Address employee concerns promptly and ensure that any disciplinary actions are justified, documented, and communicated clearly.

By fostering an environment of openness, collaboration, inclusivity and support, employers can prevent issues from escalating to legal disputes.

For Workers

1. Be aware of statutory deadlines for filing claims related to unfair dismissal or workers’ compensation and seek legal advice if delays are unavoidable. Understanding the importance of timely action is critical in protecting your rights. Ask a friend or relative to help you keep track of due dates and deadlines if you are overwhelmed by these.
2. Document any workplace issues related to neurodiversity at work, such as challenges in receiving reasonable adjustments or managing work health and safety hazards that you may experience differently. Seek support both within and outside the workplace. This documentation can provide crucial evidence if a dispute arises.
3. Familiarise yourself with legal definitions related to dismissal and resignation, particularly in the context of disability discrimination. Understanding these concepts can help in accurately assessing your situation and framing your claims effectively.

Where to get help

The Neurodiverse Safe Work Initiative is committed to guiding employers on this journey, offering the necessary neurodiversity training, coaching, and resources to build neuro-inclusive workplaces.

During August 2024 the Neurodiverse Safe Work Initiative provided neurodiversity awareness training to 58 people from 37 organisations across 3 states. Here’s what participant said:

Catherine knows her stuff and provides a safe, comfortable and engaging learning environment.

I took lots from the session that will enable our organisation to make positive changes and drive neurodiversity-affirming practices to create a safer and more inclusive environment for our staff. 

I liked the level of detail and accuracy of the information provided.

The presenter came from a lived experience coupled with their extensive health background and experience in WHS, Workers’ Compensation and employee/case relations.

The content was on point, well delivered and plenty of resources.

The content framework, the presenter’s style, the layering of information, and the scenarios used were all great.

The case studies helped me understand the relevant concepts.

The content was great and very informative. I liked the smaller learning environment. I wouldn’t want the attendee list to be any longer, as this group was a nice size to still have wider discussions and ask questions freely. 

Thank you, Cathy, for the work you are doing in this space. As a neurodivergent person myself, it brings me great joy to see this topic being spoken about more. It’s quite shocking that there is a lack of information on this topic, so it’s great to see how dedicated you are.

Extremely informative and well-paced training session on Neurodiversity in the workplace. It included easy-to-understand concepts, information, and examples, backed by research and a proactive approach to not only work health and safety and best practice case examples but also neurodiversity and supports in the workplace that were both relevant and practical that all organisations could use and implement.

The presenter was knowledgeable and interesting; the content was thorough yet easy to understand.

The content and structure of the workshop was very good.

I thoroughly enjoyed this workshop. It helped me better understand neurodiversity, and I felt engaged throughout the entire workshop.

References

Australian Bureau of Statistics. (2019). Disability, Ageing and Carers, Australia: Summary of Findings.
Austin, R. D., & Pisano, G. P. (2017). Neurodiversity as a Competitive Advantage.
OECD. (2020). Employment rate of persons with disabilities.
Telstra. (2021). Diversity and Inclusion.
Truffet v Workers’ Compensation Regulator [2019] QIRC 201