We invite you to join us in a vital initiative to promote equity in the workplace by supporting the introduction of the Americans with Neurodivergence Act of 2025. This groundbreaking legislation aims to formally recognize neurodivergence and autism spectrum disorders within the Americans with Disabilities Act (ADA), ensuring broader protection and support for neurodivergent individuals.

The bill seeks to redefine "covered entities" to include a wider range of organizations and to eliminate employment practices that unfairly discriminate against neurodivergent people, including problematic pre-employment testing. By signing this petition, you will help us urge Congress to address these essential issues, acknowledging the significant contributions of neurodivergent individuals and safeguarding their rights in the workplace.

Your support is crucial. Together, we can ensure that neurodivergent individuals are not only recognized but are also fully supported by our laws, fostering a truly inclusive society. Sign today to show Congress the collective power of our voices calling for change!

Thank you for standing with us in this important cause.

 

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118th Congress
1st Session
H. R. _______

IN THE HOUSE OF REPRESENTATIVES

[Date]

[Name of the introducer] from [State], [and co-sponsors, including members from both parties], introduced the following bill, which was referred to the Committee on [Appropriate Committee Name].

 
A BILL

To amend Title 42, United States Code, sections 12102(4), 12102(4)(C), 12111(2), and 12112, to explicitly include neurodivergence and autism spectrum disorders within the definitions of disability and major life activities, to redefine "covered entity" to encompass a broader range of organizations, ensuring protections under the Americans with Disabilities Act for individuals who can mask their symptoms, to prohibit pre-employment and interview tests that may exclude neurodivergent people, including explicit considerations for pre-employment psychological assessments and behavioral tests, and for other purposes.

Whereas, the recognition of neurodivergence and autism spectrum disorders as aspects of human diversity enriches society;

Whereas, individuals with neurodivergence contribute significantly to various fields, yet face substantial barriers in employment;

Whereas, it is imperative to adapt the workplace and employment practices to be inclusive and supportive of neurodivergent individuals;

Whereas, neurodivergent individuals who can mask their disabilities may be labeled by covered entities as “not legally disabled” and are not protected under the Americans with Disabilities Act;

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

 

SECTION 1. SHORT TITLE.

This Act may be cited as the " Americans with Neurodivergence Act of 2025".

 

SECTION 2. PURPOSE.

The purpose of this Act is to:

• Ensure that neurodivergence and autism spectrum disorders are explicitly included within the definitions of disability and major life activities under the Americans with Disabilities Act (ADA),
• Expand the definition of "covered entity" to ensure a broader range of organizations provide necessary protections under the ADA,
• Address and prohibit employment practices that have historically discriminated against neurodivergent individuals, including the misuse of pre-employment and interview tests,
• Acknowledge and mitigate the utilization of loopholes by employers that result in discrimination against neurodivergent people, ensuring that employment opportunities are made accessible and equitable for all individuals regardless of neurocognitive functioning,
• Recognize the significant contributions of individuals with autism to society across various fields such as science, art, technology, and literature, thereby underscoring the importance of providing equitable opportunities in employment and protecting them from workplace discrimination.  Historical figures who have demonstrated traits of autism or neurodivergence and have left an indelible mark on the world include:
  • Albert Einstein (Scientist/Mathematician),
  • Alexander Graham Bell (Polymath/Inventor),
  • Alfred Hitchcock (Director),
  • Benjamin Franklin (Polymath/Inventor),
  • Bill Gates (Co-Founder of Microsoft),
  • Charles Darwin (Naturalist/Geologist/Biologist),
  • Elon Musk (Entrepreneur),
  • Emily Dickinson (Poet),
  • George Orwell (Writer),
  • Henry Ford (Inventor),
  • Sir Isaac Newton (Polymath),
  • Leonardo da Vinci (Polymath),
  • Ludwig van Beethoven (Musician),
  • Michelangelo Buonarroti (Polymath),
  • Nikola Tesla (Inventor),
  • Stanley Kubrick (Film Director),
  • Steve Jobs (Former CEO of Apple),
  • Steven Spielberg (Director),
  • Thomas Edison (Inventor),
  • Thomas Jefferson (Polymath),
  • Tim Burton (Movie Director),
  • Vincent van Gogh (Artist),
  • Wolfgang Amadeus Mozart (Musician).
• Highlight the significant challenges faced by individuals with autism, including:
  • People with autism account for 20.8% of the homeless population,
  • Despite making up only 1% of the population, 85% of people with autism are unemployed,
  • 51% of employed individuals with autism are underemployed, indicating that their skills are higher than those required by their job,
  • 10% of all suicides are confirmed as people with autism, a stark contrast to their 1% representation in the population,
  • 41% of all suicides are of people with elevated autistic traits,
  • 20% of suicides are related to layoffs, with individuals with autism often being disproportionately targeted for layoffs.

These statistics, alongside the acknowledgment of the valuable contributions made by individuals with autism, underscore the urgent need for this Act. It aims to ensure that individuals with autism and other forms of neurodivergence are provided with equitable opportunities in employment and are protected from discrimination in the workplace.

 

SECTION 3. FINDINGS.

Congress finds that:

1. Neurodivergence encompasses a range of neurological conditions, including autism spectrum disorder (ASD), attention deficit hyperactivity disorder (ADHD), dyslexia, and others, representing a significant portion of the population. These conditions lead to diverse cognitive processing and behavioral patterns that contribute uniquely to society.
2. Individuals with neurological differences often possess innate abilities and perspectives that can drive innovation and creativity across various fields such as science, art, technology, and literature, contributing significantly to societal advancement.
3. Despite their potential contributions, neurodivergent individuals face significant barriers to employment, exacerbated by traditional pre-employment screening methods, including psychological assessments and behavioral tests, which do not adequately account for neurodiversity.
4. The existing legal framework, including the Americans with Disabilities Act, has gaps that do not fully protect the rights of neurodivergent individuals, particularly in the employment context, leading to discrimination, underemployment, and unemployment.
5. A broader definition of "covered entity" under the Americans with Disabilities Act is necessary to ensure that all organizations involved in the employment process provide the necessary protections for neurodivergent individuals.
6. Enhanced protections are required to prevent discrimination against neurodivergent individuals in employment practices, including explicit considerations for pre-employment psychological assessments and behavioral tests, to ensure these practices do not unfairly exclude neurodivergent individuals.

 
SECTION 4. AMENDMENTS TO THE UNITED STATES CODE.

(a) Amendment to Definition of Disability. Title 42, United States Code, Section 12102(4), is amended by adding at the end the following: "The term 'disability' includes neurodivergence and autism spectrum disorders, acknowledging that individuals may mask their symptoms."

(b) Inclusion in Major Life Activities. Title 42, United States Code, Section 12102(4)(C), is amended to read: "For purposes of this chapter, 'major life activities' includes, but is not limited to, functions such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. It is recognized that neurodivergent individuals, including autism spectrum disorders, have physical brain differences that impact these major life activities, which may not always be apparent due to masking."

(c) Redefinition of Covered Entity. Title 42, United States Code, Section 12111(2), is amended to read: "The term 'covered entity' means an employer, employment agency, third-party company contracting organization, labor organization, or joint labor-management committee."

(d) Amendment to Prohibition Against Discrimination. Title 42, United States Code, Section 12112, is amended—

1. In subsection (a), by inserting after "disability" the following: "including conditions encompassed by neurodivergence, such as autism spectrum disorder, ADHD, dyslexia, and other neurological differences".
2. By adding after subsection (b)(5)(A) the following new item: "It shall be prohibited to use pre-employment and interview tests that may exclude neurodivergent individuals unless such tests are justified as essential for the job position and accommodations cannot be reasonably provided".
3. By amending the list examples in subsection (b)(7) from "sensory, manual, or speaking skills" to "cognitive, sensory, manual, or speaking skills".
4. New subsection (C) under Section 12112 (b)(5): "(C) Provide clear and accessible instructions to applicants, candidates, employees, and contractors on how to request reasonable accommodations for the employment or contractor application process, interview process, and on the job once hired or contracted. These instructions must be communicated in a manner that is easily understandable and accessible, ensuring that all individuals, regardless of their neurodivergence or disability status, have equal access to employment opportunities and accommodations."

(e) Explicit Inclusion of Pre-Employment Psychological Assessments and Behavioral Tests. Title 42, United States Code, Section 12112(d)(2)(A), is amended by adding at the end the following: "This includes pre-employment psychological assessments and behavioral tests which, according to judicial findings in Barnes v. Cochran, 944 F. Supp. 897 (S.D. Fla. 1996), aff'd, 130 F.3d 443 (11th Cir. 1997), qualify as medical examinations. Such tests have been determined to potentially reveal mental disorders or hidden disabilities, including but not limited to autism spectrum disorders. Employers must ensure that these assessments and tests do not discriminate against neurodivergent candidates and are only used in compliance with the Americans with Disabilities Act, considering the potential for revealing undisclosed disabilities."

(f) Amendment to Protections and Obligations of Covered Entities. Title 42, United States Code, Section 12111(2)(b), is amended to include the following protections for applicants, contractors, and employees with respect to neurodivergence and disabilities:

1. Disclosure of Disability or Neurodivergence: A covered entity shall clearly allow and encourage individuals to identify and disclose a disability or neurodivergence at any stage of the employment process without fear of discrimination. This includes creating an environment that supports open communication and provides assurance that such disclosures will be used exclusively for the purpose of providing necessary accommodations.
2. Maintenance of Records and Systems: Upon disclosure of a disability or neurodivergence, a covered entity shall ensure that records and systems are maintained to:
   1. Provide clear, direct communication regarding any disclosed condition and accommodations requested,
   2. Ensure availability of records to those who disclose, in a manner that is accessible and respects confidentiality,
   3. Facilitate the implementation of requested accommodations in a timely and effective manner.
3. Prohibition of Ignorance as a Defense: A covered entity shall not be excused of discrimination on the grounds of not being aware of the individual's disability or neurodivergence. It is the responsibility of the covered entity to establish processes and environments that encourage voluntary disclosure and to act upon such disclosures with due diligence in providing accommodations.

(g) Amendment to Pre-Employment Examination Requirements. Title 42, United States Code, Section 12112 is further amended by adding a new subsection (b)(8) to read as follows: "(b)(8) Any pre-employment examination mandated by a covered entity must not only furnish reasonable accommodations universally but also strictly correlate with the actual functions and responsibilities pertinent to the specific job role. Such examinations are required to be reflective of the practical tasks and obligations inherent to the position on a daily basis, thereby ensuring a non-discriminatory evaluation based on candidates' competencies in job performance. Moreover, acknowledging the prohibition against inquiries into an applicant's disability status and the potential reluctance of candidates to disclose such information, the structure of the examination is obliged to inherently accommodate a spectrum of needs. This facilitates an equitable evaluation process, enabling assessment of all candidates' qualifications without compelling the disclosure of private medical details."

 

SECTION 5. DEFINITIONS.

As used in this Act:

1. Neurodiverse: This term is typically used as an adjective to describe a group or environment where multiple types of neurological structures are represented. For example, a "neurodiverse workplace" would be one where employees include neurotypical individuals as well as those with neurological differences such as autism, ADHD, dyslexia, etc. It's important to note that one person is not described as "neurodiverse" in themselves; instead, the term applies to a collection of individuals with diverse neurological conditions.
2. Neurodivergence: This term is used to describe the condition of having a neurological makeup that diverges from the typical or average. It can be used as a noun ("neurodivergence") or an adjective ("neurodivergent"). A person with autism, ADHD, or other similar conditions might be described as "neurodivergent" because their neurological configuration diverges from the societal standard of neurotypical.
3. Autism Spectrum Disorder (ASD): A neurodevelopmental condition characterized by challenges with social interaction, communication, and often includes repetitive behaviors or intense focus on specific interests. The "spectrum" in ASD reflects the wide variation in challenges and strengths possessed by each person with autism.
4. Attention Deficit Hyperactivity Disorder (ADHD): A neurodevelopmental disorder characterized by a pattern of inattention and/or hyperactivity-impulsivity that interferes with functioning or development.

 
SECTION 6. ENFORCEMENT AND REGULATIONS.

(a) The Equal Employment Opportunity Commission (EEOC) shall enforce the provisions of this Act.

(b) Within 180 days of enactment, the EEOC is directed to issue regulations and guidance for the implementation of this Act, focusing on workplace accommodations, discrimination prevention, and the promotion of neurodiversity, especially regarding pre-employment and interview practices.

 

SECTION 7. IMPLEMENTATION AND FUNDING

(a) Guidelines for Implementation: The Secretary of Labor, in consultation with the Equal Employment Opportunity Commission (EEOC) and other relevant stakeholders, shall develop and publish guidelines for the effective implementation of this Act within six months of its enactment. These guidelines shall include, but not be limited to, processes for employers to identify and accommodate neurodivergent employees and applicants, and methods for fostering an inclusive workplace culture.

(b) Funding: To support the implementation of this Act, the Department of Labor is authorized to allocate funds from its existing budget and, if necessary, request additional funding through the annual budgetary process. Furthermore, a grant program shall be established to assist small businesses and non-profit organizations in meeting the requirements set forth by this Act, including but not limited to workplace modifications, staff training on neurodiversity, and the development of inclusive hiring practices.

 

SECTION 8. COMPLIANCE AND PENALTIES

(a) Monitoring Compliance: The Equal Employment Opportunity Commission (EEOC) shall be responsible for monitoring compliance with the provisions of this Act. Employers are required to submit annual reports to the EEOC detailing their efforts to comply with the Act, including statistics on the employment of neurodivergent individuals and descriptions of accommodations provided.

(b) Penalties for Non-Compliance: Employers found to be in violation of this Act shall be subject to penalties, which may include fines proportional to the size of the business and the nature of the violation. Repeat offenders may face increased penalties, including mandatory training on neurodiversity and inclusion for all staff members. In severe cases, violators may be subject to litigation by the Department of Justice.

 

SECTION 9. EVALUATION AND REPORTING

(a) Evaluation: The Department of Labor, in collaboration with the Equal Employment Opportunity Commission (EEOC) and other relevant agencies, shall conduct a comprehensive evaluation of the effectiveness of this Act every five years. This evaluation shall assess the impact of the Act on the employment of neurodivergent individuals, the compliance of employers with the Act's provisions, and the overall change in workplace culture towards neurodiversity.

(b) Reporting: Following each evaluation, a report shall be submitted to Congress summarizing the findings and making recommendations for any necessary amendments to the Act to enhance its effectiveness. Additionally, the report shall be made available to the public to ensure transparency and to foster continued dialogue and improvement on issues of neurodiversity in the workplace.

 

SECTION 10. EFFECTIVE DATE.

This Act, and the amendments made by it, shall take effect on the first day of the fiscal year following the year of enactment.