By EmilyBartekoske, Esq.

SouthLaw,P.C. *

USFN Member (IA, KS, MO, NE)

            Most people, myself included, when asked to think about integrating topics of diversity, equity, and inclusion into our workplaces immediately go to a handful of areas: race, gender, physical disability, sexuality, and sexual orientation. In fact, until I was presented with the opportunity to write this article, I can say that I had never given much thought to applying diversity, equity, and inclusion efforts in the workplace to the way people think. That realization came as a surprise, considering that I am a neurodivergent person.

            So what does it mean to be neurodivergent? Neurodivergent is an umbrella term first coined in the 1980’s that embraces the natural range of variation in human brain function and processing.  Essentially, neurodivergent individuals think and process information differently than the average, or neurotypical, person. People are neurodivergent if they have certain developmental, intellectual, learning, or mental health disabilities. Examples of well-known neurodiverse conditions include autism spectrum disorders, dyslexia, dyspraxia, and attention deficit hyperactivity disorder (ADHD).  Some other conditions that can sometimes cause people to be neurodivergent are Tourette syndrome, post-traumatic stress disorder, schizophrenia, and depression.

            While the vast majority of people in corporate America and in the legal profession are neurotypical, the percentages of neurodivergent employees have been increasing. In fact, a 2016 study from the Hazelden Betty Ford Clinic and American Bar Association found that 28% of lawyers suffer from depression, 19% suffer from anxiety, and 12.5% have ADHD.  Additionally, experts typically agree that the number of professionals who are neurodivergent is vastly underreported, as many professionals choose not to disclose their conditions due to fear of reprisal at work or fear of being seen as “weak” or “dumb.” Legally, the conditions that cause neurodivergence are considered disabilities, and thus, affected employees are protected under the Americans with Disabilities Act.

            While there are obviously many conditions that fall under the umbrella of neurodiversity, I want to focus mostly on ADHD, as is it one of the most common conditions that we are likely to see in our neurodiverse employees and coworkers. Furthermore, it’s one of the conditions I am most familiar with, having been diagnosed with ADHD in 2014.

            Let’s talk about what it means to be a neurodivergent person with ADHD in the workplace. First, we must dismiss the stereotype that all people with ADHD are hyper-active and disruptive. While that is one way for ADHD to present in people, there is a second way that ADHD can present which is best summed up as inattentiveness. This includes symptoms such as struggling to pay attention, difficulties with organization, forgetfulness, and being easily distracted. At the core of both presentations of ADHD are difficulties with executive function.

             Executive function is a term used to describe a group of skills that enable humans to plan, focus attention, remember, execute tasks, and multitask. While all of us struggle with these skills sometimes, people with ADHD struggle with these issues daily.  When a neurotypical person is given a newly assigned project at work, they typically will jump right in and get to work, moving fairly easily toward the final product. When a person with ADHD is given a new project, they will often feel paralyzed and unsure of where to begin. They struggle to conceptualize how long things will take, what steps are involved, what outcomes may happen, or how to even imagine what the final product will look like.  The overwhelming uncertainties can be debilitating and can make it impossible to even start the task at hand.  As a result, people with ADHD can be branded as lazy, procrastinators, and even incompetent.  Many professionals with ADHD try to hide their struggles and appear "normal" to avoid such labels, even though doing so creates internal stress, anxiety, and fears of their struggles being discovered.

What is important for both neurodivergent people and employers to understand is that in many ways, people who are neurodivergent actually can be some of the most valuable employees and assets a business can have. Studies have repeatedly shown that as a group, neurodivergent people tend to be diligent, loyal, detail-oriented, and creative problem solvers. The fact that they think differently than most other employees allows them to identify issues that typically go unnoticed. Some benefits that neurodivergent employees can bring to their careers are:

·        Attention to detail: Neurodiverse people excel at zeroing in on details that often go overlooked by others. This can mean finding additional information in documents that might otherwise be missed, or noticing patterns in data that were previously unnoticed.

·        Focus: Struggles to focus and avoid distractions are common for employees with ADHD. However, when someone with ADHD is working with a project or subject matter that interests them, they have the tendency to ‘hyperfocus.’ This can translate to them having a highly focused attention on what they’re doing for a long period of time without being distracted by other things happening around them.

·        Creativity: Studies consistently show that neurodivergent people are more creative on average than neurotypical people. When executive function is working at its best it is difficult to slow down, let thoughts wander freely, and really think about the process. Since neurodivergent people have lower executive function, they are more likely to engage in creative problem-solving and thinking outside of the box.

·        Work well under pressure: Neurodivergent people, especially those with ADHD, are used to completing tasks at the last minute because their executive function often doesn’t allow them to start a task until it absolutely has to be done. While this means that these employees won’t often be handing in projects early, it also means that when there is a crisis or a deadline that would make most people feel frantic, neurodivergent people often are calm and collected in those moments and have the ability to work quickly and efficiently.

With each of these benefits, there of course are potential downfalls. To avoid these, employers should be proactive about communicating with neurodivergent employees and providing accommodations to help these employees succeed. While there is no “one size fits all” when it comes to accommodations, implementing and allowing some simple, common things could make a big difference in the performance of neurodivergent employees. Some examples of accommodations include:

·        Flexible working arrangements: Sometimes an office setting is too distracting for neurodivergent people. Allowing employees to work from home or in their optimal environment will allow them to focus better on the work they are doing.

·        Sensory friendly environments: Many neurodivergent people also are prone to sensory overload. Things like background noise from HVAC systems or the brightness of fluorescent lighting can be very distracting. To accommodate this, employers should try to ensure workplaces are sensory friendly by using neutral colors, soft lighting, and ensuring regular maintenance of mechanical systems in the office.

·        Allowing use of headphones to minimize distractions.

·        Providing blocks of uninterrupted work time: Neurodivergent employees often have trouble getting back on track when they are interrupted in the middle of a task. Providing set times for work with no interruptions from coworkers or phone calls allows employees to work more efficiently.

·        Allow use of fidget devices: Using things such as fidget spinners, stress balls, or similar tools allow neurodivergent people to focus the hyperactive areas of their brains on the device so that the rest of their focus can be on their work.

While this list is far from exhaustive, it is a good place to start for employers who want to create a work environment that is welcoming and inclusive of its neurodivergent employees. In a society that is increasingly valuing diversity and a workforce that is increasingly valuing individuality, right now is the time for employers to be intentional about considering neurodiversity in their business plans and recruitment efforts.

@Copyright 2022

April e-Update

by Janice Nakano
Aldridge Pite LLP
USFN Member (AK, CA, FL, GA, HI, ID, NY, OR, UT, WA)

Part one of a two-part series.

Most of us remember that scene in the movie My Cousin Vinnie, when Marisa Tomei’s character is called to the stand as an expert witness. I knew what was coming but relished witnessing it happening before a court. She was about to put the prosecutor in his place, and I felt such pride watching her do just that. This woman, whose strong New Jersey accent and alluring attire and flirtatious attitude, is stereotypically the opposite of what some may perceive as a credible expert in the field of automotive mechanics. She proceeded to rattle off details that left the men in the room flabbergasted.

Women working as auto mechanics is not the norm. According to the U.S. Bureau of Labor Statistics, in 2018 there were 19,236 female auto mechanics (2.1 percent of all auto mechanics) and a total of 130,174 women in the field of automotive repair and maintenance. Why are women in this field underrepresented? Perhaps one of the main reasons female auto mechanics are so rare is because of a lack of role models in the past. Do social constructs influence interests at an early age? We all know that men and women, for the most part, are wired differently, but that doesn’t mean that we can’t rewire and rewrite our future and we want to make room for the idea that the wiring is a result of expectations and attempts to “fit in.”

Another field that is highly underrepresented, but slowly growing, is women in the military. In the true-life story of Megan Leavey, this young female Marine corporal served as a Military Police K9 handler. Leavey and her military working dog, Rex, served two deployments in Iraq and completed more than 100 missions, saving countless lives. At first, I wondered why a woman would want to work in one of the most dangerous jobs in the military: combat. She said that the main reason why she enlisted in the Marines was because of September 11^th. She completed her basic training at Parris Island and enrolled to become part of the military police, applying to the K-9 unit where she was assigned to Rex. In her second deployment to Ramadi in 2006, she and Rex were both injured by a makeshift explosive device. Upon her return, she received the Purple Heart and, although it took until 2012, with the help from a NY Senator, Rex was released and retired from military duty, and they were reunited.

This brave woman went into a battle zone where even some of the most courageous soldiers are afraid to go. So why aren’t there more women in the military? For starters, it has been an arduous struggle convincing the military that women can play an important role in combat, administration, and leadership. It wasn’t until January 2013 that the Combat Exclusion Policy was lifted, and women were finally eligible to serve in front line combat and complete combat operations. This prohibition had tremendous impact on the opportunities women had. Fortunately, society is slowly changing its expectations to a male-only view of type of soldiering views are changing and as more young women join up, we will see more women moving into roles that were once thought of as a man’s job.

The third uncommon role for women is firefighting. The first woman firefighter is said to have been a woman named Molly Williams, who became a member of the New York City Oceanus Engine Company #11 in 1815. By the 1970’s, women were becoming career firefighters, working side-by-side with their male peers.  The story of Cindy Fralick is depicted in the movie aptly named, “Firefighter,” in which Ms. Fralick fights to become LA’s first female firefighter during the early 1980’s. Ms. Fralick passes the written exams, but many doubt she will be strong enough to pass the physical tests. After her training, she becomes the first woman in sixty years to pass the tests. She enters the Academy where she is treated atrociously and wants to give up, but she is encouraged by her Chief to continue her pursuit. Through hard work and perseverance, she earns the respect in her community and among her fellow firefighters. 

Generally, we view firefighting as a man’s job. We think it takes power and stamina to work in this profession. Honestly, I’m not sure how easily I would be able to carry a firehose up a flight of stairs, all while wearing a uniform that adds up to about 45 extra pounds. Add on a thermal imaging camera, radio, and set of irons and you’re up to about 75 pounds. There’s no doubt that a certain amount of physical strength is necessary to do the job, but fitness and training can give women the tools they need to become a firefighter.  Today, more than 6,500 women now hold career firefighting and fire officer’s positions in the United States. Add on the volunteer and paid-on-call fire and EMS forces and there are perhaps 30-40,000 women firefighters in the U.S.

The common basis for the idea that an occupation is “a man’s job” are historical exclusion or social constructs. If we are thoughtful about how we view work and who may be doing the work, we can change those expectations. Overcoming barriers set to prevent access to advancement especially as imposed upon women is a pursuit that continues today, but as women become more involved in industries and organizations, we are seeing a cultural shift. I am encouraged by organizational involvement in making the right changes to create an environment where any minority can rise through the ranks and become the leaders of our future. 

Copyright © 2021 USFN. All rights reserved.

October 2021 e-Update