Why is there a rise of autism in the workplace?  

Autism, formally known as Autism spectrum disorder (ASD), is a neurodevelopmental condition that affects a person’s brain. It affects the way individuals think, communicate, learn, and interact with the world around them. Due to the barriers of being diagnosed with autism, autistic employees usually face difficulties in the workplace that neurotypical employees do not. 

The rise of autism in the workplace is a more recent phenomenon. It is unlikely that there are more quantities of autistic people being born. It is theorised that more autistic people are being identified due to better screening processes. 

For example, more people are aware of autistic symptoms. Health care professions are improving their observational techniques. There is more research on the spectrum of autism amongst women and men. People are also starting the diagnosis journey later in life.

Therefore, the rise of autism in the workplace is not due to a recent trend or ‘bandwagoning’. The individuals were always autistic. However, there is now greater research and common knowledge that provides individuals with the tools and words to receive a diagnosis. 

Why care about autism in the workplace

According to the Australian Bureau of Statistics, in 2022 there was a 41.8% increase of Autistic Australians compared to 2018. Affecting approximately 1.1% of Australia’s entire population. The quantity of autistic Australians in the workplace also increased. 

Of all autistic Australians, 42.2% were working and participating in the workforce (11.4% full time and 29.8% part-time). This was a 27.3% increase from 2018. Despite the rise of autistic employees, unemployment rates affect autistic individuals almost six times more than individuals without a disability (18.2% compared to 3.1%). And more than double with a disability (7.5%). 

More autistic employees are able to enter the workforce as their diagnosis provides them with the tools to understand their autism and how to regulate it. Furthermore, increasingly more workplaces are providing reasonable accommodations and flexibility that allows for greater accessibility for people with disabilities. Finally, the rising cost of living crisis has forced more people to work and stay afloat. 

Discrimination 

It has been found that when an autistic employee is matched to an appropriate role they can be up to 140% more productive than a ‘typical employee’ (Harvard Business Review). In addition, autistic employees exhibit key workplace strengths. Including their ability to focus independently on a task, attention to detail, understand complex processes and pattern recognition, and their loyalty. 

However, despite their strengths and advantages, autistic employees continue to be discriminated against in the workplace. Under the Disability Discrimination Act 1992, it is illegal to directly or indirectly discriminate against a person with a disability throughout the employment process. Including hiring, employment conditions, promotions, etc. 

Despite legislation and common sense, discrimination is a systemic issue and continues to prevail in the workplace. Referring to a study conducted by the Charles Sturt University, 60% of the autistic study sample felt as though they were forced to resign or were terminated due to bullying and other workplace hurdles. 

While every workplace is different, there are common themes and challenges that affect autistic employees in the workplace. There is often a concern on the social interaction aspect of a workplace. Workplaces often promote friendship and collaboration. Knowing workplace etiquette in order to build relationships may be more difficult for autistic employees. 

Furthermore, there can be sensory issues involving fluorescent lights and overbearing noises. Certain rigid thinking patterns and processes may prove difficult to adhere to. Finally, Olga Tennison Autism Research Centre has uncovered that work stress tends to have a greater negative effect on autistic employees than others (read more here). 

Accommodate autism in the workplace

Australian employees have the workplace right to ask for flexible working arrangements as protected under the National Employment Standards (NES). Additionally, the Disability Discrimination Act 1992 also allows employees to ask for reasonable adjustments or accommodations in the workplace. 

What is considered a reasonable adjustment is at the discretion of the employer. What may be possible in one workplace or industry may be impossible for another. Employers are allowed to refuse on ‘reasonable business grounds’. Historically this is reflected in costs, capacity, practicality, and/or impact. Some requests may be too expensive or impractical for a business to implement without them facing negative repercussions. 

It is necessary to consider the size of the business, their general success or revenue, whether there are legal parameters (certain credentials, minimum working hours, etc), or general practicality of the request. Some requests will be more reasonable or easier to implement than  others. 

Ask for adjustments

Examples of workplace adjustments available can include changes in hours of work (start times, finishing times), changes in patterns of work (split shifts or adjusted responsibilities), or changes in location of work (work from  home or another location). There are adjustments more tailored to autistic individuals. 

Including but not limited to: 

• Dimming the lights or changing the types of lightbulbs. 
• Using noise canceling headphones or using quiet spaces. 
• Provide weighted blankets or fidget/stimming tools. 
• Allowing for more frequent short breaks. 
• Providing visual aids for instructions or in meetings. 

Considering the above ideas and information. It may be possible for a small business to provide autistic friendly furniture or lighting, however not be able to change starting and finishing times. Whereas, larger businesses may be able to accommodate more work adjustments. Employees will not know what is available to them or possible without asking or brainstorming ideas. 

It is necessary to note that asking for reasonable adjustments is an employee’s responsibility. To know or have an idea on what specific adjustments they are seeking, and to ask. Autism in the workplace will be different for everyone. An employer will usually not have the resources to proactively apply adjustments prior to an employee asking. However, the employer also has the reasonability of providing accommodations whenever possible. 

Adverse action 

Employees have certain rights that can always be enacted. Such as asking for flexible working arrangements, other examples include complaining about workplace harassment, discrimination, bullying, lodging a Fair Work Commission claim, requesting time off, and others. 

As part of the Fair Work Act 2009, there are General Protection rules that allow employees to enact their workplace rights without fear of company retaliation. Also called adverse action. Adverse action can commonly include termination, being isolated from others or being bullied, demotions, being forced to do the least desirable jobs, or being relocated to a further location. 

Therefore, autistic employees should feel safe to ask for accommodations without fear that they will face repercussions or adverse action. Even if the accommodations cannot be approved. However, the world is not perfect, thus if adverse action does occur then there are Fair Work rules and legislation to assist. 

Sydney Trains discriminates against autistic employee

In 2023, the Federal Circuit and Family Court of Australia (FCFCA) had found that Sydney Trains had discriminated against an autistic driver, Ms Renee Annovazzi. Ms Annovazzi was diagnosed with ADHD and Aspergers Syndrome (another form of autism). 

Within her onboarding application Ms Annovazzi was asked the following questions: 

• “Do you have a diagnosed condition for which you may require reasonable adjustment throughout the selection process?” and

• “Do you have any impairment or condition which would affect your ability for the job for which you have applied?”

Which she had replied no to both. However, she did disclose her conditions and medications to the doctor during her pre-employment medical assessments. However, the doctor did not include this information in her medical report as they did not think it was pertinent nor would affect her role. 

After starting her role in 2017 Ms Annovazzi mentioned her conditions and medications she has to use to a coordinator. Where Ms Annovazzi was asked to produce a note from her doctor to describe her conditions use of dexamphetamine. 

Almost immediately after Ms Annovazzi was removed from the trainee train driver program, placed on light duties, and then terminated. Sydney Trains argument had shifted from whether Ms Annovazzi could do the inherent requirements of her role to her lack of “honesty” when disclosing her conditions. 

Court supports autistic trainee 

After deliberating the FCFCA agreed with Ms Annovazzi. She had been unlawfully discriminated against by Sydney Train’s actions. Condemning the discrimination of autism in the workplace. The Court did not agree that it was “dishonest’ not to provide certain key information. Furthermore, the Court agreed that the employer had already decided to dismiss Ms Annovazzi prior to her providing her medical report. 

Furthermore, the Court found that Sydney trains had failed to provide relevant evidence or key witnesses/participants in their decision making process. This failure hindered the employer’s ability to claim that they dismissed Ms Annovazzi for any reason other than her disability. Sydney Trains had treated Ms Annovazzi worse and less favourably than a “hypothetical comparator” employee. 

The matter has been relisted to discuss possible remedies. However, Ms Annovazzi had sought reinstatement, compensation and an apology. 

Autistic employee loses court case 

In the case of Debus v Condor Energy Services Limited [2022] FedCFamC2G 429, an assistant accountant was working at Condor Energy Services in 2019. Part of his work contract was to inform his employer of any changes to his fit to work conditions. Within four months of starting the role his position was terminated. Still within his probation period. 

His employer highlighted that the reason for his termination was due to his obscene language and destructive workplace behaviour. He had threatened to headbutt a colleague and used unprofessional language.  

The assistant claimed that his termination was an example of adverse action as he had been suffering with his mental health and autism symptoms. He filed a general protections claim (F8) with the Fair Work Commission. Months after his termination the assistant was formerly diagnosed with Asperger’s which is a form of autism. 

The assistant claimed that he was noticeably suffering with his mental health, thus his employer would have noticed and been aware of his disability. However, the employer upholds that their decision to terminate his employment was due to his disrespectful and disruptive behaviour. 

The Court upheld that the assistant’s termination was lawful and not an example of adverse action. They noted that it was the employees responsibility to inform their employer of his mental health and autism journey, which he expressly failed to do. The employer could not have dismissed the assistant because of his condition when they did not know it existed. No causal link was established. 

How to support your autistic employees in the workplace

There is a rise of autism in the workplace due to improving research and screening processes. As more employees learn of their conditions and diagnosis it is important to know that they are protected from discrimination. Furthermore, they are entitled to request reasonable adjustments to their role and in the workplace. Helping their ability to complete their role and retain employment. 

Unemployment continues to be a hurdle amongst autistic individuals. However, with ingoing action to minimise negative stereotypes and provide easy accommodations that number should reduce. Autistic employees are not a hindrance, but a unique mind that is specialised in high detail and focused work. 

Have you had a dispute with your employer?

We at A Whole New Approach are Australia’s leading workplace mediators. Our team has spent the last thirty years defending the rights of Australia’s workers against toxic workplaces and sterotypes. If you have faced discrimination or bullying, we can help you take action through the Fair Work Commission.

Employers across the country know us for our work helping over 16,000 Australian workers stand up for their rights. We know how the Fair Work and discrimination system’s work to get you reinstated or compensated for unfair dismissal or the unfair way you have been treated.

Call us today to take advantage of our no win, no fee service and for a free and private consultation. Dial 1800 333 666 now to take the first step to getting compensated.

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