Employment & Workplace Disputes
Expert analysis in employment disputes involving autism, including ADA accommodations, wrongful termination, workplace discrimination, and vocational capacity.
Autism in the workplace: accommodation and termination disputes
As autism diagnosis rates rise and more individuals with ASD enter the workforce, employment disputes involving behavioral differences, accommodation failures, and disability discrimination are increasingly common. I consult on cases involving wrongful termination, hostile work environment claims, ADA accommodation analysis, and workplace investigations where autism or neurodevelopmental differences are at the center of the dispute. I help legal teams understand how autism manifests in professional environments and what reasonable, evidence-based accommodations should have looked like.
Employment matters I handle
- Wrongful Termination: ADA compliance, failure to accommodate, interactive process violations
- Workplace Accommodations: Sensory modifications, schedule flexibility, remote work necessity
- Hiring Discrimination: Interview accessibility, disclosure obligations, screening practices
- Performance Management: Distinguishing autism behaviors from performance deficiencies
- Harassment & Hostile Work Environment: Social communication differences, co-worker obligations
- Vocational Capacity: Employability assessments, earning capacity, supported employment needs
Frequently asked questions
How does autism come up in employment cases?
Usually as a mismatch that no one named. An employee’s directness reads as rudeness, a need for written instructions reads as inflexibility, a sensory problem with the office reads as a performance issue. When the employer did not recognize the disability or did not engage in the interactive process, the record often shows it and I can explain what was happening.
Can you evaluate whether an accommodation was reasonable and necessary?
Yes. I look at the person’s specific profile, the essential functions of the job and what was requested and I say whether the accommodation was clinically necessary and whether the person could perform with it. Noise, lighting, schedule predictability, written communication and structured feedback are the most common issues.
Can you distinguish autism-related behavior from a performance problem?
That is often the whole case. I review performance documentation against what is known about the person’s autism and say whether the conduct at issue is consistent with the disability and whether a reasonable accommodation would have addressed it.
Do you address hiring and interview discrimination?
Yes. Standard interviews measure social performance more than job skill, which disadvantages autistic candidates. I can explain the barrier, what an accessible process looks like and whether the screening used was likely to exclude the person because of the disability.
Can you assess vocational capacity and earning potential?
Yes. I evaluate the person’s current skills, the supports they need to work and what kind of employment is realistic with and without those supports. Vocational experts and economists use that assessment to value lost earnings.
Do you work for employers as well as employees?
Yes. Employers retain me to evaluate accommodation requests, review whether a process was handled properly and testify when a matter is litigated. The clinical analysis is the same on either side.
Need Expert Insight for an Autism-Related Case?
When legal decisions involve autism or developmental disabilities, expert behavioral analysis can make the difference. Get clear, evidence-based insights that help courts understand the needs of the child.