Autism accommodations at work

What autism accommodations can you ask for at work?

The Americans with Disabilities Act (ADA) reaches employers with 15 or more employees. The examples below come from the autism page of the Job Accommodation Network (JAN), grouped by what each one changes at work.

These are examples to start a conversation with your employer. In its reasonable accommodation guidance, the Equal Employment Opportunity Commission (EEOC) says, "The employer may choose among reasonable accommodations as long as the chosen accommodation is effective." It also says, "An employer does not have to eliminate an essential function, i.e., a fundamental duty of the position."

Noise and sound

Noise-canceling headsets or earbuds, hearing protection, a white noise or environmental sound machine, and fans. For the space around you: sound-absorbing panels or other noise abatement, cubicle doors and shields, folding partitions or room dividers, or a modified workspace.

Light and smell

Alternative lighting, such as full-spectrum, natural, non-fluorescent or LED lighting. Anti-glare filters for fluorescent lights or computer screens, fluorescent light tube covers, blue light filters, light-filtering glasses, a personal visor, or window shades.

Communication

Communicating another way, for example by instant message or text instead of a live conversation. Written instructions, recorded directives or messages, recorded materials, and verbal cues. An augmentative and alternative communication (AAC) device, an aide or assistant, an on-site mentor, or a support person.

Planning and memory

Calendars and planners, timers, checklists, reminders, and a color-coded system. A task flow chart, task separation and task identification, written forms and prompts, labels or a bulletin board, a notepad or whiteboard, or voice recorders. Extra time, additional training time, training refreshers, or a job coach.

Breaks and focus

A modified break schedule or periodic rest breaks, uninterrupted work time, fidget devices, or a desk pedal exerciser.

How the job is organized

A flexible schedule, or telework (working from home). Job restructuring, task rotation, a change to a workplace policy, or moving marginal (non-essential) tasks to someone else. For supervision: adjusted supervisory methods, supervisory feedback, positive feedback, or one-on-one communication.

Is autism a disability under the ADA?

The regulation at 29 CFR 1630.2 lists autism by name. Paragraph (j)(3)(iii) says "it should easily be concluded that the following types of impairments will, at a minimum, substantially limit the major life activities indicated", and its list includes "autism substantially limits brain function".

JAN puts the starting point this way: "The ADA does not contain a definitive list of medical conditions that constitute disabilities. Instead, the ADA defines a person with a disability as someone who (1) has a physical or mental impairment that substantially limits one or more 'major life activities,' (2) has a record of such an impairment, or (3) is regarded as having such an impairment." Under 29 CFR 1630.2(o)(4), an employer "is not required to provide a reasonable accommodation to an individual who meets the definition of disability solely under the 'regarded as' prong".

Under 29 CFR 1630.2(j)(1)(iv), "The determination of whether an impairment substantially limits a major life activity requires an individualized assessment." Paragraph (j)(3)(ii) adds that "the individualized assessment of some types of impairments will, in virtually all cases, result in a determination of coverage" and that "the necessary individualized assessment should be particularly simple and straightforward."

Do you have to tell your employer you're autistic?

To get an accommodation, your employer has to be told that a change is needed for a medical reason. The EEOC's guidance puts it this way: "the individual or his/her representative must let the employer know that s/he needs an adjustment or change at work for a reason related to a medical condition".

It adds that "as a general rule, the individual with a disability...must inform the employer that an accommodation is needed." That rule is about getting an accommodation. Whether to tell your employer anything at any other point is your choice.

Medical information your employer gets through its medical inquiries has rules of its own. Under 29 CFR 1630.14(c)(1), it "shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record." Supervisors and managers may be told about "necessary restrictions on the work or duties of the employee and necessary accommodations".

First aid and safety personnel may be told "if the disability might require emergency treatment." Government officials investigating compliance may be given it as well. Under (c)(2), the information "shall not be used for any purpose inconsistent with this part."

Certicare is a telehealth service where leave and accommodation paperwork is completed and signed by a state-licensed provider after an evaluation. If your employer asks for documentation, that's the paperwork a provider can complete, where the evaluation supports it. There's usually no appointment, and a provider may follow up for more detail before deciding. Turnaround is usually within 24 hours after we have everything needed.

Completing our intake form starts the review; it does not guarantee a signature, and if the review does not support your request you are refunded in full.

How do you ask for an autism accommodation?

There's no required form of words. Under the EEOC's guidance, a request can use "plain English." It doesn't have to mention the ADA or use the phrase "reasonable accommodation," and it doesn't have to be in writing.

What the request needs is the link between a change at work and a medical condition. Who can make the request, what happens after you ask, and how quickly your employer should respond are covered in our guide to requesting a reasonable accommodation.

What documentation can your employer ask for?

Your employer may ask for documentation when "the disability and/or the need for accommodation is not obvious." Under the EEOC's guidance, it describes the impairment, its "nature, severity, and duration," and the functional limitations.

It also shows how the accommodation you asked for addresses your limits at work.

The same guidance gives examples of who can provide it: "Appropriate professionals include, but are not limited to, doctors (including psychiatrists), psychologists, nurses, physical therapists, occupational therapists, speech therapists, vocational rehabilitation specialists, and licensed mental health professionals."

Your own provider can write the documentation. A state-licensed provider reviews your answers and, where the evaluation supports it, completes and signs the paperwork your employer asked for. The decision on the accommodation stays with your employer.

What if your employer says no?

Your employer may offer a different accommodation that's effective instead of the one you asked for. That's a choice the EEOC's guidance allows the employer.

One limit on an employer's duty is "undue hardship." The EEOC defines it as "significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation." When no accommodation is possible, read when an employer can't accommodate restrictions.

EEOC charge deadlines, the ADA's bar on retaliation, and what to do after a denial are covered in our guide to requesting a reasonable accommodation.

For leave as an accommodation, see our guide to ADA leave.

You don't need to have the accommodation worked out before you start. Answer the intake questions, and a state-licensed provider completes and signs the paperwork your employer asked for, where the evaluation supports it.