Legal and Practical Guide Rights and Benefits of Neurodivergent People in California
What do we mean by “neurodivergent”?
The term “neurodivergent” refers to individuals whose ways of thinking, learning, sensory processing, or social interaction differ from what is considered the neurological “norm.” This includes, for example, conditions such as Autism Spectrum Disorder (ASD), Attention Deficit Hyperactivity Disorder (ADHD), dyslexia, other learning disabilities, and so on.
Neurodivergence is often considered a “disability” when the condition substantially limits one or more major life activities.
Why is it relevant at a legal and service level?
Disability laws allow people with conditions that limit their daily activities to have legal protections (anti-discrimination, accessibility) and state or federal benefits/services.
In California, there are also state initiatives that specifically recognize
neurodivergence (for example, inclusion in protected categories).
Having a diagnosis, or at least having the condition recognized as a disability, can
facilitate access to support programs. For example, the Americans with Disabilities
Act (ADA) in the U.S. recognizes that a disability can include a limitation in learning,
communication, or interaction.
Legal and Practical Guide
2. General legal rights
2.1 At the federal level
The Americans with Disabilities Act (ADA, 1990) prohibits discrimination based on disability in employment, public places, transportation, and government programs. Under Title I (Employment), if a person is "qualified" and has a disability, the employer must provide reasonable accommodations, unless doing so would impose an undue burden.
The Rehabilitation Act of 1973, specifically Section 504, states that no individual with a disability may be excluded, denied benefits, or subjected to discrimination under any program or activity receiving federal financial assistance.
In education, the Individuals with Disabilities Education Act (IDEA) guarantees that children with disabilities have the right to a free appropriate public education (FAPE) and that schools develop an Individualized Education Program (IEP).
In social security benefits: for example, the Social Security Administration (SSA) may grant Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI) benefits if the disability (e.g., ADHD, autism) significantly limits the ability to work.
2.2 At the California level
California has the California Fair Employment and Housing Act (FEHA), which protects people against discrimination in employment and housing based on disability, among other categories.
The Unfair Civil Rights Act prohibits discrimination in public/commercial businesses based on disability, among other things.
California also has a system of regional centers for people with developmental disabilities: to access these services, the condition must have begun before age 18 and be lifelong.
In addition, California recently passed legislation (e.g., SB 939) that includes “neurodiversity” (e.g., autism, ADHD) as a protected category in state schools. 2.3 What do these rights mean in practice?
You have the right to request reasonable accommodations at work or in school so that the barriers imposed by your condition can be mitigated. For example: schedule modifications, a quieter work environment, adapted equipment.
People with disabilities or neurodiversity cannot be discriminated against in hiring, firing, evaluation, salary, benefits, etc.
In housing, laws protect against discrimination based on disability, and landlords/housing staff may be required to make reasonable modifications (e.g., allowing the installation of adaptive equipment).
In education, public schools must provide support services, accommodations, IEPs, and 504 Plans, as appropriate, so that neurodivergent students have equal access.
3. Specific benefits and services for the neurodivergent community
Below, I detail the main areas where neurodivergent people can access benefits or services — both at the federal level and in California — along with explanations.
Individualized Education Program (IEP)
In public schools, if a student is identified as having a disability (including some cases of neurodivergence), they are entitled to an IEP that defines their needs, accommodations, educational goals, and related services (speech therapy, occupational therapy, etc.).
504 Plan
An alternative for students who do not need an IEP but do require accommodations (e.g., extra time on tests, a quieter environment). This falls under Section 504 of the Rehabilitation Act.
Protection Against Unfair School Discipline
Schools must consider disability/neurodivergence when imposing disciplinary measures; they cannot ignore that the behavior is linked to the condition.
Services and Supports in California
For example, the new “Master Plan for Developmental Services” in California includes recommendations to improve supports for individuals with autism and other developmental disabilities.
3.2 Employment
Under the ADA and state laws, if you are a neurodivergent person who qualifies as a person with a disability, you have the right to request reasonable accommodations at work. Examples include: modified work schedules, simplified instructions, a less sensory environment, and the use of assistive software.
Employers cannot discriminate against neurodivergent individuals in hiring, promotions, or terminations if they meet the job requirements.
In California, businesses with five or more employees are required to consider reasonable accommodations under the FEHA.
3.3 Housing
People with disabilities/neurodivergence have the right to accessible housing, reasonable modifications, and to not be discriminated against because of their condition when renting or buying a home.
For example, if a "no pets" policy prevents someone from having a service animal, or if physical modifications are needed for accessibility, reasonable accommodations may be required.
3.4 Health and support services
If your condition limits your ability to work or perform daily activities, you can explore SSA programs: SSI for low-income individuals with limited resources, or SSDI if you have a work history. In cases of neurodivergence (e.g., severe ADHD), you may qualify if you demonstrate functional impact.
In California, State Disability Insurance (SDI) provides payments if you lose income due to disability; this may apply if your condition temporarily prevents you from working.
Support services in California for developmental disabilities: Regional Centers offer evaluations and lifelong services when the disability began before age 18 and is permanent.
3.5 Defense, rights and legal assistance services
Organizations like Disability Rights California provide support, guidance, and advocacy for people with disabilities in California to ensure their rights are respected.
Recent legislation in California strengthens the system for people with developmental and neurodivergent disabilities, for example, with legislation signed by the governor to improve opportunities, safety, and transparency.
4. How to access / practical steps
Here is a summary of steps that a neurodivergent person or their family could follow to take advantage of these rights and benefits:
- Obtain a professional diagnosis (from a psychologist, psychiatrist, or neuropsychologist) that documents the condition and how it affects you functionally. For example, for ADHD with a disability claim, it is crucial to demonstrate that it substantially limits your ability to work.
- In the educational sphere: request an evaluation for IEP or Plan 504 at the public school. Verify that the school environment meets state and federal requirements.
- In employment: inform the employer of the need for reasonable accommodations (interactive process according to US/California law). Keep documentation if discrimination occurs.
- In housing: whether you rent or buy, know your non-discrimination rights, and request reasonable modifications if necessary
- Economic benefits: If the condition affects your ability to work or earn income, investigate whether you can apply for SSDI/SSI or state disability insurance and declare it appropriately
- Legal/rights advocacy support: Contact local advocacy organizations (e.g., Disability Rights California) if you feel your rights are being violated.
- Stay informed about local and state legislation (for example, in California, SB 939 mentions “neurodiversity” as a protected category).
5. Particularities for California that should be highlighted
In California, the new Master Plan for Developmental Services aims to reduce barriers to accessing services for people with autism or other developmental disabilities.
State legislation reinforces the requirement for employers to consider accommodations, and the FEHA (Federal Employment Assistance Program) covers both physical and mental disabilities.
The Regional Centers' eligibility requirement is that the disability originates before age 18, is permanent, and results in substantial impairment.
6. Considerations and limits
Having a diagnosis does not automatically guarantee all benefits: for example, for SSI/SSDI, it is necessary to demonstrate severe functional impact (simply having ADHD is not enough; it must substantially limit work capacity).
Reasonable accommodations do not place an undue burden on the employer: what constitutes "undue hardship" must be considered in each case.
Rights vary by state; each school or employer has specific procedures, and the individual must initiate the process (requesting accommodations, evaluations, etc.).
Although the laws are in place, implementation can vary; sometimes pressure, advocacy support, or legal counsel are needed to ensure they are respected.
