Dawn Solowey and Sam Schwartz-Fenwick are both partners at law firm Seyfarth Shaw LLP.
Autism has emerged as a political and cultural flash point in recent months. And like other polarizing political, social or cultural issues, the fallout is likely to spill over into the workplace. There are proactive steps, however, that employers can take to minimize the legal risk while supporting all members of its workforce.
The flashpoints over autism
Recent political and social media discussion around autism has been intensely polarizing.
The Secretary of Health and Human Services made headlines with remarks about people with autism, claiming for example that many will “never hold a job,” prompting media fact-checking and sparking outrage in the autism community and beyond. Controversy also ensued when Kennedy called autism a “preventable disease,” a claim that some researchers denounced.
Similarly, intense debate on ethics and privacy followed the announcement that the administration would create a data project to support research into autism that some called an autism registry.
And persistent claims linking autism to vaccines, despite no credible evidence establishing such a link, have again appeared online.
How does this affect the workplace?
Many employers have for decades taken active steps to recognize the value of inclusion of all employees, including those who are neurodiverse. Those efforts are facing challenging headwinds as the divisive rhetoric around autism has the potential to spill over into the workplace.
Public rhetoric that disparages those on the autism spectrum can undermine respect for autistic employees. Pointedly, the disparaging remarks in the news cycle heighten the risk of workplace interactions arising in which neurotypical employees feel emboldened to repeat negative comments they’ve heard about those with disabilities. That in turn can create turmoil, poor morale and claims of bullying and disability discrimination.
Discussions that amplify stereotyping about autism may cause confusion and misunderstanding about the condition. Let’s say an employee or applicant discloses an autism diagnosis to a manager. That manager might — even inadvertently— make assumptions as to the employee or applicant’s perceived limitations that are not accurate. This may cause deep offense, and also can derail the discussion around potential accommodations the employee or applicant may need. It may also lead to a situation where someone is not hired or promoted because of an incorrect perception about what that person can do in the workplace.
Misinformation around autism and vaccines can also undermine employers’ attempts to achieve a vaccinated workforce. Many employers still maintain mandatory vaccination programs, and even those who do not require vaccination frequently encourage vaccination to promote public health and workforce integrity. With diseases like measles spreading in many states, vaccination programs will continue to be important.
What can employers do?
In the face of these flash points, employers can take proactive steps to minimize legal risk, retain talent, lower the temperature and protect morale.
Maintain a robust anti-discrimination policy. The baseline for any employer is a robust and compliant anti-discrimination policy that makes clear that discrimination or harassment against colleagues with disabilities is unacceptable.
Enforce the policy. Employers should take steps to enforce their non-discrimination policies across the board. For example, using "autistic" or “on the spectrum” in a derogatory manner is not acceptable, regardless of whether addressed to someone with autism. Also unacceptable is stigmatizing employees based on an actual or perceived medical condition.
Invest in training. It’s not enough to have sound policies. Employees, and particularly managers, should be trained on such policies on a regular basis. Ideally, this training should be live and interactive, using hypothetical examples to elucidate the points, rather than a stale, check-the-box exercise. It is important at these trainings to reiterate that not only are legal issues at stake, so are the feelings of colleagues. No one wants to hurt someone else’s feelings, so reminding folks that they need to bring their social skills with them into the office can go a long way to resetting the use of polarizing and problematic terms at work.
Respect that difference in work style is a strength, not a weakness. And it is important to recognize that while everyone is accountable for meeting performance standards, not everyone works in precisely the same way. Neurodiversity can add value to work teams, bringing together different skill sets and aptitudes.
Employers can encourage managers to differentiate their management style for different subordinates. Some people are extroverts, while others are introverts. Some people thrive in social settings, while others chafe at networking and large gatherings. Employees may have different communication styles. Managers who are able to differentiate their management style to accommodate these unique attributes will get better results and improve morale.
Ensure a compliant disability accommodation program. A compliant accommodation program is a must for any employer. This means having an accommodations policy and training both HR and managers in the accommodations process. Ensure that managers and HR know how to respond if an employee discloses that they are neurodiverse. Employees with autism may request a range of accommodations, including noise-canceling headphones; written instructions or agendas; as well as adjustments to lighting, workspaces or work hours. Make sure that managers know when and how to loop in HR and that the team is prepared to consider such requests promptly and in compliance with the law.
Consider accommodations process mapping. One strategy for working toward best practices in accommodations is to prepare a process map for accommodations. That means bringing together the various stakeholders — in-house counsel, human resources and the leave and accommodation personnel — to make a process map, similar to a flow chart, of how accommodations are handled. The map should include which department does what, and in what sequence. The map can also incorporate key documents, templates and checklists for each step in the process.
Provide sound information around vaccination. Employers seeking to encourage or require vaccination can point employees to sound sources of data-based information about the safety and efficacy of vaccines from respected healthcare or government sources. Some employers have success in putting together “frequently asked questions” documents that debunk myths and misinformation about vaccines — including the myth that vaccines cause autism — with citation to credible sources. Employers may also choose to offer on-site vaccination, such as through flu vaccine clinics.
