Are RTO Mandates the Next Frontier in Workplace Discrimination?

What employers need to know about neurodiversity, ADA compliance, and the new equity gap.

The Diagnostic Surge and Its Implications

During the pandemic, something unexpected happened: many adults—especially women—received their first diagnosis of a neurodivergent condition. For some, it was the shift to remote work and a reprieve from the “always-on” work environment that highlighted existing struggles with focus, sensory sensitivity, or burnout. For others, access to telehealth services made it easier to pursue assessment and care.

Recent reports show that ADHD diagnoses more than doubled in some populations between 2020 and 2022. Detection and diagnosis of Autism Spectrum Conditions (ASC) among adults also rose steeply, especially among groups historically overlooked: women and racial minorities.

These are employees already in your organization—many of whom have struggled in silence for years, using masking or camouflaging tactics to hide their conditions, often without realizing it themselves. For some, the pandemic provided the language and recognition they needed. But that awareness arrived just as many companies began scaling back DEI programs and restructuring teams.

The risk? These same employees may now be especially vulnerable during decisions around layoffs, promotions, or return-to-office mandates—particularly if they haven’t disclosed a diagnosis.

There are many reasons people choose not to disclose: fear of discrimination, the stigma of being perceived as less capable, or even imposter syndrome—the feeling of “not being disabled enough” to deserve accommodations.

Return-to-Office Risks

For many companies, the urgency to bring people back into the office isn’t just about productivity—it’s a symbolic return to “normal.” But that perception of normal is often narrow and exclusionary. For neurodivergent employees, “normal” was never designed with them in mind.

Mandated in-office policies can unintentionally disadvantage neurodivergent employees—especially those who thrived with the flexibility and sensory control of working from home. Shifts back to overstimulating, unstructured open layouts—or socially demanding environments—can trigger cognitive overload, anxiety, or burnout. When performance declines under these conditions, it’s often misinterpreted as disengagement or a lack of competence.

Unfortunately, many neurodivergent employees don’t feel safe disclosing their diagnoses. Disclosure involves risk—of stigma, of being perceived as “less professional,” or of being passed over for opportunities.

Yet without disclosure, formal accommodations under the ADA aren’t triggered—leaving individuals without the protections they’re legally entitled to. Many employees, and even employers, are unaware that “reasonable accommodations” apply to neurodivergent conditions. These adjustments can be simple: a hybrid schedule, time-management support, or partially remote work.

Return-to-office mandates, when executed without thoughtful planning for cognitive diversity, can expose organizations to legal and ethical risks. Beyond compliance, they risk missing an opportunity to retain and optimize the very thinkers most equipped to drive innovation.

Legal and Ethical Obligations

Neurodiversity is often framed as an inclusion initiative—but it’s also a matter of compliance. Under U.S. law, specifically the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations for neurological and cognitive conditions, including ADHD, autism, and AuDHD.

If an employee doesn’t feel safe disclosing—due to fear of stigma, retaliation, or being viewed as less competent—they won’t receive the support needed to perform and thrive.

By applying workplace requirements broadly—like RTO mandates—employers may inadvertently engage in discriminatory practices, especially if layoffs, promotions, or evaluations ignore neuroinclusion.

Beyond legal compliance, there’s also an ethical imperative. Companies that truly value diversity must extend that commitment to invisible differences—not just visible demographics.

In my research and experience, I’ve found that while many organizations claim to support neurodiversity, their systems still prioritize neurotypical norms and expectations.

Strategic organizations are taking a different path—and they’re seeing results. Microsoft’s Neurodiversity Hiring Program has placed hundreds of neurodivergent individuals into supported roles, improving performance outcomes and cultural inclusion. JPMorgan Chase’s Autism at Work initiative found that neurodivergent hires were 90% to 140% more productive than their neurotypical peers in specific technical roles.

These aren’t just DEI initiatives—they’re performance strategies.

Inclusion as a Business Strategy Conversations around neurodiversity often focus on challenges—and those are real. But there’s also untapped potential. Neurodivergent professionals offer deep focus, creative problem-solving, pattern recognition, and innovative thinking. When supported, these are high-impact capabilities. Inclusion, when designed thoughtfully, becomes a performance strategy.

Let’s Not Forget the Lessons of the Pandemic

The pandemic reshaped not only how we work, but how we make sense of our work. In addition to reframing priorities and exposing challenges—it revealed that flexibility works, remote performance is often stronger, and existing systems weren’t as inclusive as assumed.

Now, as we redesign work again, we’re at an inflection point. Will organizations revert to outdated, neurotypical one-size-fits-all models? Or will they create systems where cognitive diversity becomes a driver of resilience and performance?

As a consultant and doctoral researcher in organizational psychology, I help organizations evolve beyond surface-level inclusion. I work with leaders to rethink teams, workflows, and culture through a neuroinclusive lens—whether redesigning in-house creative teams, adapting policies, or training leadership in identity-informed management.

If you're leading an organization—or navigating one as a neurodivergent professional—and ready to design what’s next, I’d love to connect.

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References

Americans with Disabilities Act. (1990). U.S. Department of Justice Civil Rights Division. Retrieved from https://www.ada.gov

Auro, K., et al. (2024). ADHD Diagnoses in Finland During the COVID-19 Pandemic. JAMA Network Open.

Grosvenor, C., et al. (2024). Autism Diagnosis Among US Children and Adults, 2011–2022. JAMA Network Open.

Microsoft. (n.d.). Neurodiversity Hiring Program. Retrieved from https://www.microsoft.com/en-us/diversity/inside-microsoft/cross-disability/neurodiversityhiring

Quartz. (2021, April 7). Neurodiverse Applicants Are Revolutionizing the Hiring Process. Retrieved from https://qz.com/work/1981466/neurodiverse-applicants-are-revolutionizing-the-hiring-process

Rana, P. (2024, June 9). Jobs for the Autistic Grow Beyond Tech. The Wall Street Journal. Retrieved from https://www.wsj.com/lifestyle/careers/jobs-for-the-autistic-grow-beyond-tech-b4eee329

Rogers, A., & MacLean, E. (2023). ADHD Symptoms Increased During the COVID-19 Pandemic: A Meta-Analysis. Journal of Attention Disorders.

Scheeren, A. M., et al. (2023). Impact of the COVID‑19 Pandemic on Autistic Adults: A Scoping Review.

Staley, R., et al. (2024). ADHD Diagnosis, Treatment, and Telehealth Use in Adults. CDC MMWR.

World Health Organization (WHO). (2022). COVID-19 Pandemic Triggers 25% Increase in Prevalence of Anxiety and Depression Worldwide