The Americans with Disabilities Amendments Act (ADAAA) went into effect on January 1, 2009. In changing the way that disability is defined, the number of people who will qualify as being disabled in the workplace greatly increases. Further, it shifts the focus from whether the employee is disabled to whether an employer meets its obligation to reasonably accommodate a disabled individual.

It is important that human resources and hiring managers be aware of two hidden disabilities that often look like attitude or behavior problems. Asperger's Syndrome and Nonverbal Learning Disorder (NLD) affect, in varying degrees, an individual's communication skills and ability to organize information. The prevalence of Asperger's Syndrome alone is estimated to be as high as 1 in every 250 people in the United States.

It is easy to miss that you are dealing with someone who has a disability. People with Asperger's and NLD are typically college educated and very bright. They often possess above-average technical ability in their chosen field and produce work that is thorough and accurate. Although these individuals are represented in all kinds of careers, the areas of high technology, technical writing, scientific research, engineering, and academia make particularly good use of their logic and analytical skills, excellent memory for facts, vast knowledge of specialized fields, and tolerance of routine.

Yet due to differences in how their brains process information, people with Asperger's and NLD appear to behave in ways that seem willfully rude or insubordinate. For example, the characteristic literal interpretation of language can lead to serious and sometimes comical misunderstandings: "How come you're not using the new scheduling software?" asks Tim's manager, "I told you to take a look at it two weeks ago." "I did look at it," replies Tim, "and didn't think it was useful so I deleted it off my system."

Another hallmark of Asperger's Syndrome and NLD is trouble understanding non-verbal communication (body language, facial expression, tone and volume of voice, etc.). The individual may not know if others are upset with him, or recognize an implied request from a supervisor. A propensity for making blunt (yet honest) remarks along with a lack of awareness of office politics frequently alienate these individuals from their colleagues.

Both Asperger's Syndrome and NLD are characterized by difficulties with executive functioning, which encompasses planning and time management activities. At work, the individual may need assistance with prioritizing information, scheduling tasks, and allocating resources. Since these individuals are talented and skilled, appeals for help may be brushed aside with comments like, "You should know what to do; it's obvious!" or, "At your level you should know what the priorities are." Legitimate accommodation requests may be misunderstood as persnickety bids for special treatment ("Everyone wants a quiet cubicle").

There are many low- and no-cost accommodations which, combined with some patience and understanding, can have a profoundly positive impact on performance of employees with Asperger's or NLD. Examples of accommodations include the use of check lists, electronic reminders, color-coded filing systems, and quiet work spaces. Replacing vague directives to "make the product sing" or "give the customer a religious experience" with precise, detailed instructions can work wonders for productivity. Adam, for example, was about to be fired when he disclosed his Asperger's Syndrome and explained his trouble understanding the nuances of language. Thanks to written communication and precise specifications, today Adam is exceeding his manager's expectations.

Relaxed standards for "teamwork" can be an effective, zero-cost accommodation for people who struggle with social interaction. Communication via emails, telecommuting, written participation in meetings, and set periods of uninterrupted work time are possible in many different jobs.

Despite the exploding diagnoses of Asperger's Syndrome and NLD in recent years the business community remains largely unaware of these disabilities, perhaps to its peril under the ADAAA. If nothing else, the Amendments Act underscores the need for training so that employers can respond appropriately to individuals who are disabled but don't look it. Legislation notwithstanding, the real benefit to employers is the tremendous cost-savings in retaining and increasing the productivity of these talented, skilled workers.



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