Navigating educational and professional environments can present unique challenges for individuals who are Autistic or Neurodivergent. Protecting oneself in such settings requires proactive measures to ensure fair treatment and inclusion. These suggestions provide legal considerations for building a solid foundation of documentation and understanding the key aspects to consider when facing challenges in these settings.

The Power of Documentation

Maintaining a consistent paper trail is essential when addressing challenges in educational or professional settings. Documenting incidents, interactions, and communications can be invaluable in demonstrating a pattern of behavior or discriminatory practices. This documentation can include emails, Slack messages, performance reviews, meeting notes, and any relevant correspondence.

HR / Educational Board Disclosures

It's important to approach interactions with Human Resources (HR) with caution and understanding. While HR departments are tasked with addressing employee concerns, their primary loyalty lies with the company's best interests. Therefore, it's crucial to be prepared before engaging with HR. If you choose to disclose your neurodivergence, do so based on your comfort level. However, disclosure should not lead to unfair treatment, isolation, or lack of support.

Documentation Tools

To ensure that your documentation is comprehensive and secure, consider using tools like CloudHQ to save company emails and communications. This provides a reliable backup of important conversations that might be crucial in demonstrating your concerns or experiences. Export Emails to Google Docs by cloudHQ

Creating a Comprehensive Paper Trail

Building a well-organized folder containing evidence of incidents, interactions, and discriminatory practices is essential. This folder can include:

1. Copies of emails, messages, and communications related to your challenges.
2. Screenshots of Slack conversations or other relevant platform interactions.
3. Copies of performance reviews or evaluations that reflect any changes in treatment.
4. Any written records of incidents, discriminatory comments, or exclusionary actions.

Inclusive DEI Initiatives

Diversity, Equity, and Inclusion (DEI) initiatives are intended to create more inclusive environments. However, these efforts can fall short in practice. It's important to recognize that even with DEI initiatives in place, not all aspects of a workplace or educational setting may be genuinely inclusive. Documentation becomes crucial in highlighting any inconsistencies between policy and practice.

Seeking Legal Help

After you have taken all the suggested steps above, and if the challenges persist, it may be time to consider seeking legal help. Consulting a legal professional who specializes in workplace or educational discrimination can provide valuable insights into your situation. They can help you determine the most appropriate legal measures to consider based on your documented evidence and experiences.

Disclosures and Access to FMLA

If you find it necessary to disclose your neurodivergence, particularly for accessing accommodations, obtaining a doctor's note can be crucial. If the challenges you've faced have affected your mental, physical, or occupational health, having your doctor or physician document this impact can strengthen your case. This documentation could potentially provide you with access to the Family and Medical Leave Act (FMLA) or other relevant accommodations, allowing you the time and support needed to center yourself and address your health needs.

Legal Resources

1. OlmsteadRight: Olmstead is the most important U.S. Supreme Court decision for people with disabilities. The 1999 Supreme Court decision was based on the Americans with Disabilities Act (ADA). This website provides Olmstead stories in its "I am Olmstead" pages, self-help tools and resources, and legal advocacy tools. The website was created by the Atlanta Legal Aid Society, Inc. in partnership with the National Disability Rights Network and funded by a Technology Initiative Grant (TIG Grant) from the Legal Services Corporation (LSC). The purpose of the website is to provide resources and information about the Olmstead v. LC Supreme Court decision.Based out of Atlanta and we had to share it with you. OlmsteadRights


2. LawInfo: Resources on Legal offices specializing in disability discrimination. Verified Attorneys, that have ample experience, are in good standing, submit for annual review, and are client committed. LawInfo


3. Disability Rights Idaho: Protection & Advocacy for individuals with Disabilities. Apply for Help: Apply for our services by phone, Monday through Friday (excluding holidays), from 10:00 a.m. to 12:00 p.m. and from 2:00 to 4:00 p.m. Mountain Time (9:00 a.m. to 11:00 a.m. and 1:00 p.m. to 3:00 p.m. Pacific Time), by calling: (208) 746-7541. Priorities and Objectives are defined and available to the public on how cases are selected. Disability Rights Idaho


4. Best ADA Lawyers Near Me: Simple Google search to help narrow down a list of lawyers with the goal of finding one that is closer to you. Best ADA Lawyers Near Me

Conclusion

When faced with challenges as an Autistic or Neurodivergent individual in educational or professional settings, it's essential to proactively protect yourself. Creating a comprehensive paper trail, understanding the role of HR, utilizing documentation tools, and seeking legal help when necessary are key strategies. Remember that your experiences and concerns are valid, and taking these steps can help you advocate for fair treatment, inclusion, and positive change within your environment.

We must be treated as equals – and communication is the way we can bring this about.
Louis Braille