Disclosing Neurodivergence to an Employer in Alberta

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By Chris McAviney, LL.B, retired

Disclosing one’s neurodiversity to an employer is a personal decision that can impact the work environment and the individual’s experience in the workplace. Understanding when, why, and how to approach this conversation can help in navigating the complexities of employment.

The legal framework in Alberta provides specific rights and protections to ensure fair treatment in the workplace. Understanding those rights and protections surrounding the disclosure of neurodivergence is important. 

 

What are the Relevant Legislation & Legal Protections in Alberta?

  • Alberta Human Rights Act

In Alberta, individuals with disabilities, including neurodivergent conditions such as ADHD and Learning Disabilities, are protected under the Alberta Human Rights Act. Once disclosure is made it imposes an obligation on employers and prospective employers to accommodate employees to the point of undue hardship. This means the employer must make reasonable adjustments to support an employee. 

  • The Employment Standards Code

Among other things, the Employment Standards Code outlines the rights of employees regarding reasonable accommodations and fair treatment in the workplace.

 

When Should You Disclose?

The Interview Stage – If you require specific accommodations for interviews, disclosing beforehand ensures compliance with the employer’s obligation to provide an accessible hiring process and can ensure a fair chance at employment.

After Receiving a Job Offer – Once a job offer is made, disclosing your neurodiversity can help facilitate any necessary accommodations. It is a proactive step that will help create a more suitable work environment for you, shows your employer that you are capable of advocating for yourself and presents a willingness to put your best effort forward.

After Starting Employment – If specific challenges arise that require some form of accommodation or adjustments in the workplace, disclosure can help address these issues effectively.

 

Why Should You Disclose?

  • Engage Legal Protections against Discrimination – By informing the employer at any stage of the process (interview stage, offer of employment, after starting employment) if any discriminatory actions occur following your disclosure, you can invoke your rights under the Alberta Human Rights Act. 
  • Access to Accommodations – Disclosure enables you to seek adjustments or accommodations to your workplace environment or responsibilities that should enable better performance on your part. 
  • Reduce Stigma – By being open, you can dispel myths about neurodivergence, help to create a more inclusive workplace and set a precedent for others. 
  • Build Support – Disclosing can foster a support network within the workplace, including Human Resource or Disability Resource offices that can offer assistance, and other employees for peer support.

 

How Do You Disclose?

Prepare Your Message – Clearly articulate your experiences and the specific support you may need. Consider the frame of “I can do my best work when…” This can help employers understand your situation better.

Choose the Right Time and Place – Opt for a private and neutral setting to have this conversation, ensuring confidentiality and comfort.

Focus on Strengths – Highlight how your neurodiversity contributes positively to your work. Discuss skills and perspectives that can enhance team diversity and productivity.

Be Clear About Accommodations – Specify the adaptations that would help you thrive in your role. Be ready to discuss potential solutions collaboratively. 

 

Summary

Disclosing neurodiversity to an employer can be beneficial for both the individual and the employer. Along with understanding one’s legal rights and protections in the workplace, timing, reasoning, and method are all important elements to consider. It’s essential to approach the conversation thoughtfully and strategically to foster a positive outcome. 

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