Reasonable Accomodations

What are Reasonable Accommodations and how do they apply in the workplace? 

When autistic people apply for jobs, they might have some worries or concerns that having a difference or disability like autism might impose a barrier to them finding a job that matches their skills, talents or personal qualities. There may be concerns around how they might be expected to perform their job to exactly the same standard as colleagues who might be neurotypical or who might not have a disability. They might also have concerns around what the implications would be if they were to observe workplace rules or norms, or if they were to perform workplace tasks or communicate differently to their neurotypical colleagues.

Other worries or concerns might include having to ‘mask’ or hide their autistic traits to fit into the workplace, having to explain their autistic traits to colleagues, dealing with workplace misunderstandings, differences in communication styles, managing change, pressure to quickly adopt to new tasks, dealing with workplace stress, sensory processing differences around particular aspects of the workplace (i.e. dress code or environment) or maintaining a work-life balance.

These factors all have an impact on whether an autistic person decides to disclose their difference or disability to a prospective employer, as well as what stage of the recruitment or induction progress, should they decide they wish to disclose. This is especially true if the person has more than one difference or disability. Disclosure is a personal choice – it is up to an autistic person to decide whether they wish to disclose that they’re autistic at work, as well as how much information they wish to reveal about themselves. An employee disclosing their autism diagnosis may well depend on whether they feel their workplace is inclusive and willing to provide support.

  As an organisation whilst you shouldn’t necessarily expect an employee to disclose to reach out for support, as there can be substantial barriers for an autistic person to obtain a diagnosis, particularly as an adult. It might be a good idea for an employee to disclose they’re autistic if they feel comfortable and confident to do so. Your workplace might already be recruiting autistic staff, but might not be aware of it. This is because of the many reasons outlined earlier, many autistic people might opt not to disclose their difference or disability, and opt to ‘mask’ their autistic traits whilst they’re at work instead. Masking is a type of social camouflaging and/or compensation techniques an autistic person might use to appear more ‘neurotypical’ or more sociable in everyday situations, or to suppress socially awkward traits. These techniques might range from observing or mirroring ‘neurotypical’ behaviour or learning social scripts to making eye contact or suppressing autistic traits. Masking shouldn’t necessarily be encouraged or expected, as it can take a great toll on an autistic person’s wellbeing, and can lead to burnout among autistic staff. 

What laws support autistic people in the workplace?

There are a number of Irish and EU laws which support both autistic people and people with disabilities. These laws also combat discrimination against people with disabilities when they enter the workplace. Article 27 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) provides that every disabled person has the right to work, and provides a wide range of rights which allow people with disabilities to participate in the workplace on an equal basis as their non-disabled peers. These rights include to right to be protected from discrimination, to receive equal working conditions, have equal access to training an career development opportunities and to on-the-job supports, and to have access to reasonable accommodations at work. The 2000 Equal Treatment Framework Directive intends to combat both direct and indirect discrimination on the grounds of disability. It also directs measures should be provided to accommodate the needs of disabled people. This includes making adjustments to the workplace, provided that this does not pose a ‘disproportionate burden’ to the employer. 

The Equal Status Acts 2000 includes people with disabilities under its nine grounds of discrimination. The Employment Equality Acts has more specific measures which outlaw discrimination in the workplace on disability grounds against employees. This includes application forms, interviews, aptitude tests, equal pay, access to employment and vocational training, promotion and disciplinary issues. Section 33 of The Employment Equality Act allows employers to take ‘positive measures’, like hiring quotas or additional workplace supports. These supports are aimed at attracting people with disabilities and addressing discrimination against people with disabilities at work more widely. 

What are Reasonable Accommodations? 

Section 16 of the Employment Equality Act obliges employers to provide ‘reasonable accommodations’ to employees. However, this does not mean that an employer would have to recruit an autistic person or an employee just because they are autistic or are disabled – Employers do not have to hire staff if they believe that they cannot do the job. Applying supports can level the playing field for autistic people and disabled people, and can support an autistic person to contribute to the organisation’s work and to be included as a valued member of the organisation. 

They can take many forms such as: