In 2022, an Arizona Subway franchisee learned an expensive lesson about neurodiversity: They paid $30,000 to settle allegations that they failed to accommodate a newly hired employee with autism and ADHD. The employee had requested specific task instructions, redirection, and follow-up—simple accommodations that would have cost virtually nothing to implement. Instead, the company fired him after just four shifts, triggering an EEOC lawsuit that could have been easily avoided.

This isn’t an isolated incident. It’s part of a growing tsunami of legal action that’s hitting organizations across every sector, and the costs are escalating rapidly.

We’re witnessing a collision of awareness and ignorance that’s creating unprecedented legal risk. More people than ever before are recognizing their neurodivergent traits—autism diagnoses have increased 787 percent over the past two decades, while prescriptions for medication to treat ADHD jumped 800 percent. Among Gen Z, a remarkable more-than-half consider themselves in some way neurodiverse, with many embracing these differences as part of their identity rather than hiding them.

However, workplace education and inclusion practices haven’t kept pace. Most organizations are still operating with outdated assumptions about how brains work, while employees are increasingly confident about their rights and willing to challenge discrimination. This creates a dangerous gap: empowered, aware employees entering workplaces led by managers who lack the knowledge to support them effectively.

The numbers tell a stark story. Employment tribunals alleging neurodiversity discrimination rose by a third, and legal experts report the trend has only accelerated since then. The EEOC filed 110 lawsuits challenging employment discrimination in fiscal year 2024, with........

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