Proactively supporting neurodiversity in the workplace is a critical component of an inclusive, high performing and legally compliant workplace.

Just as diversity in gender, culture, race and background enriches workplaces, so too does diversity in neurological functioning. There has been a significant increase in the diagnosis of neurodiversity. Autism, ADHD, dyslexia, dyspraxia and other forms of neurodivergence are natural variations in the way human brains operate, and workplaces that understand this are better placed to attract, retain and develop high‑performing talent.

When neurodivergent employees have the right tools, communication styles, and work environment, they are likely to be more productive, there is likely to be an inclusive and psychologically safe team environment, with reduced turnover and absenteeism, as well as a stronger brand and better recruitment outcomes and more compliant workplace practices.

We are seeing more claims of discrimination by neurodivergent employees who believe they are not being appropriately accommodated in the workplace. An employer must make reasonable adjustments for neurodivergent employees, similarly to other employees with a disability, to ensure they can work safely and productively. Neurodivergence is considered a disability under the Disability Discrimination Act 1992 (DDA) if it impairs a person’s functioning. Adjustments must be made unless they cause “unjustifiable hardship” to the business.

In addition, Work Health and Safety (WHS) legislation requires employers to protect the psychological and physical safety of all employees, whether they have a formal diagnosis or not.

A recent Queensland Industrial Relations Commission (QIRC) decision, Stevenson v State of Queensland (Queensland Health) [2025] QIRC 329 (28 November 2025) (Stevenson), provides timely guidance for employers on the importance of removing barriers and enabling neurodivergent employees to participate effectively and equitably at work.

Stevenson Decision: What Happened?

Catriona Stevenson, a HP3 Nuclear Medicine Technologist with Sunshine Coast Health, applied for promotion to become a part‑time HP4 Senior Nuclear Medicine Technologist. After being unsuccessful with her application, she appealed, arguing that Queensland Health’s promotion process indirectly discriminated against neurodivergent employees. Specifically, Ms Stevenson raised concerns about:

• Interview questions containing multiple parts with no written copy provided;
• The expectation that an interviewee would correctly interpret non‑verbal cues; and
• A refusal by the panel to clarify certain questions.

She argued these elements created systemic barriers for neurodivergent applicants.

Queensland Health responded that Ms Stevenson had not disclosed any neurodivergent condition nor requested adjustments at any point in the selection process. The QIRC ultimately found no procedural deficiencies and held that the promotion decision was fair and reasonable. However, Industrial Commissioner Sam Pidgeon made a number of significant observations for all employers:

1. Recruitment processes should embed strategies to enhance participation for neurodivergent candidates;
2. Employers should invite candidates to self‑identify and request adjustments that enable full participation;
3. An inclusive process must allow candidates to disclose any support needs to participate equitably; and
4. There must always be a clear mechanism for candidates to advise of specific requirements.

While Queensland Health ultimately succeeded, the case highlights the growing expectation that employers adopt proactive, thoughtful neuroinclusive practices, not only in recruitment but throughout the entire employment relationship.

Practical Steps Toward a Neuroinclusive Workplace

The Victorian Public Sector Commission (VPSC) has released a “Neurodiversity Employment Toolkit” (The Toolkit) which was developed with La Trobe University to help employers recruit, support, and retain neurodivergent staff. Notwithstanding that the VPSC applies to the public sector, this document provides a practical, evidence‑based framework for supporting neurodivergent employees which is useful for all employers. Importantly, most workplace adjustments are small, low‑cost and frequently benefit all employees, not just neurodivergent ones.

1. Recruitment and Hiring

   Whilst neurodiversity should be considered at every stage of employment (not just recruitment) removing barriers at the earliest stage is essential. The Toolkit aims to help employers move away from traditional, rigid hiring practices that may exclude neurodivergent individuals, focusing instead on strengths-based recruitment. Good practice includes:

   • writing inclusive and clear role descriptions;
   • allowing written versions of interview questions;
   • offering alternative assessment formats; and
   • inviting applicants to request adjustments up‑front.

2. Workplace adjustments

   The Toolkit also offers guidance on making ‘reasonable’ adjustments for neurodivergent employees, aimed at fostering a workplace where employees feel safe to share their needs. It provides useful examples of adjustments a neurodivergent employee may ask for, such as:

   • a consistent workspace;
   • additional time for written or reading tasks;
   • flexible hours, dress codes or work‑from‑home options;
   • lighting changes;
   • noise‑cancelling headphones;
   • sensory‑safe spaces;
   • text‑to‑speech, speech‑to‑text or proofreading support;
   • short, regular breaks; and
   • assistance with HR processes or form‑filling.

   In addition, a sit to stand desk may support a neurodivergent employee with hyperactivity.

   Accommodation is not just about overcoming limitations, but also about supporting the unique strengths and perspectives that neurodivergent employees bring to the workplace. But in saying that, employers are entitled to seek clarification, discuss alternative options, and request reasonable evidence where necessary to understand why a particular adjustment is required.  An adjustment may be unreasonable if it creates an adverse impact on the health and safety of others or if it would cause an “unjustifiable hardship” in the specific circumstances.

3. Policies and Compliance

   Policy and compliance are key components considered in the Toolkit. It is designed to help employers move beyond awareness to implement practical, compliant, and inclusive practices that meet legal obligations regarding health, safety and discrimination for all employees, including neurodivergent employees.For example, relevant policies that cover workplace adjustments (or “reasonable accommodation”) policy should:

   • Explain how employees can request adjustments;
   • Set out the employer’s obligations under the DDA and relevant state laws, including WHS laws;
   • Include checklists for managers; and
   • Provide clear timeframes for responding to requests.

4. Leadership Capability and Training

The Stevenson decision emphasises the need for informed decision‑making by selection panels and management/supervisory teams. Training should therefore cover:

• Information about the challenges that may be experienced by neurodivergent employees in the workplace and their unique strengths;
• How to identify and remove systemic barriers for neurodivergent employees;
• How to invite and respond to adjustment requests;
• How to support neurodivergent team members in practice; and
• How to create psychologically safe environments where employees feel comfortable disclosing their neurodiversity.

The Toolkit offers a framework and steps for leaders to create a neuro-inclusive culture, including “STOP-C” (Sensory, Transparency, Organizational culture, Predictability, Communication) to guide, manage, and support staff effectively.

Key Takeaways for Employers

Many neurodivergent employees may not disclose their condition in the workplace due to fear of stigma or they may not identify as having a ‘disability’. Employers can be proactive and ensure systems and environments make workspaces inclusive and sensory friendly for everyone, rather than waiting for a formal request from a neurodivergent employee. Neurodiversity is a natural and valuable part of human variation and small adjustments in the workplace can make a big difference for a neurodivergent employee.

In addition, a neurodivergent employee may not immediately know what adjustments will support them best. So, employers should ensure the adjustment process is flexible, allowing for trial, review and refinement as needs become clearer over time. But employers are entitled to ask questions, explore alternative adjustments, and request reasonable supporting information to ensure that any accommodation is appropriate, safe, and workable for the employee’s role and the organisation.

Inclusion is proactive, not reactive and if your organisation would benefit from a review of recruitment practices, assistance designing a workplace adjustment policy, or training to help your leaders better support neurodivergent employees, please reach out.

This article was written by Zoe Weir, Partner and Isabella Maio, Associate.