Suppose an organization’s anti-harassment training is centered on a video with actors playing a boss harassing an employee. It’s intended to evoke strong feelings about inappropriate behavior that violates corporate policy and state and federal laws. But some employees who are neurodiverse may not get the message because of the way it’s presented and they would respond better to other training methods, an expert says.
“It’s emotional content where I am really supposed to get the emotional power of someone being harassed. But if I have a neurodiversity that affects my ability to perceive emotions and process and read them from people’s expressions and demeanors and compute that in something more than a purely intellectual way, then I have also lost the power of training in the way it was presented,” said Jason Meyer, a former general counsel and compliance officer. In fact, possibly that video is “normalizing” the behavior “without a companion message that it was wrong,” he said. If a neurodivergent employee then observes harassment and hasn’t learned about it in another format, that’s a compliance risk because it may go unreported, Meyer said.
Neurodiversity refers to natural variations of the brain, including autism, attention deficit hyperactivity disorder, dyslexia, executive dysfunction and sensory processing disorder, Meyer said Oct. 4 at the Compliance and Ethics Institute sponsored by the Society of Corporate Compliance and Ethics. “It has nothing to do with the person’s intelligence or knowledge or ability,” he said. It affects the way they process and absorb information.
Neurodivergence is not unusual—an estimated 20% of the workforce experiences some form of it—and compliance programs will be more effective if they’re inclusive, said Meyer, president of LeadGood Education. “Neuroinclusivity is saying regardless of neurological differences, everyone should be able to participate and thrive at work and we should make sure they are included.” The 20% figure is probably low because people are reluctant to reveal their neurodiversity.
“It's a good-sized percentage of the workforce and in the compliance business our job is to engage the entire organization and have the entire organization doing what it’s supposed to do to avoid risk and do the right thing,” he said. If a good chunk of the work force is not connecting or doesn’t feel included, “that’s a compliance risk.” Meyer added that “there’s also a huge upside” to being neuroinclusive: “gaining a loyal and talented workforce and capturing the benefits of diversity and different ways of approaching problem-solving in the organization.”
But inclusion can’t depend on neurodiverse people identifying themselves. “There’s natural reticence to self-identify because they’re afraid of stigma” or fear their employers will limit the kind of work they can do or their chance for advancement, Meyer noted.
Instead of trying to identify neurodivergent people, the mindset for training and other elements of compliance (e.g., policies and procedures) should be “there are things we can do that are critical for some and good for all,” he said.
Organizations should use different learning styles in their compliance training. “Offer a diversity of means and methods,” he said. “You want to reduce the cognitive load of learners. Consider the sensory sensitivities that are possible in your audience” and factor in their response to time pressure.
Going back to anti-harassment training, organizations may present a one-hour session with lots of content about state and federal laws and penalties, with a slide on the nonretaliation policy for reporting at the end. “If I have a neurodivergence that impacts my ability to maintain my attention,” the nonretaliation policy may not hit home, Meyer said. “I am perfectly capable of absorbing all the information and the ramifications but because it’s presented as part of a blur of information, I am much less likely to absorb this than other learners may be,” he said. “There are a variety of ways that make it more likely I would absorb it that would make it a better way to present it for everybody in the organization. Critical for some, good for all.”
‘Untrained Manager’ Won’t Think the Source Is Credible
Although these are generalized statements, Meyer noted, neurodivergent people also “are less likely to stick their necks out. If you take that experience into the world of compliance, now we expect them to speak up.” If they don’t absorb the importance of speaking up and are already less inclined that way, it poses some risks. Compliance officers should assess these risks and try to mitigate them, Meyer said.
When a neurodivergent employee tries to report a compliance concern to a manager or compliance officer, the conversation may not go well. “They’re reluctant and have an auditory processing issue,” so their responses may be delayed and they may not look the person in the eye. The neurodiverse employee may speak in a halting manner or seem unable to produce facts to support their concern, Meyer said. “An untrained manager will think this is not a credible source. There’s something wrong with this reporter,” he noted. But it’s just a matter of a person who thinks and processes information differently. “This has nothing to do with their intelligence or ability to perform their job and they need information differently and [they need] leaders and supervisors who are prepared to not jump to conclusions.”
He recommends universal design because it “emphasizes creating products, environments and experiences that are accessible and usable by as many people as possible, regardless of their abilities, disabilities or neurological profiles.” The seven principles are equitable use; flexibility in use; simple and intuitive use; perceptible information; tolerance for error; low physical effort; and appropriate size and shape. For example, training materials should have clear, simple language and there should be multimodal training methods and materials and sensory-friendly training environments. Tread lightly with euphemisms and sarcasm. “And remember chunking? Taking information into bite-sized chunks and then moving on? That’s a strategy that works for this audience.”
Contact Meyer at jason@leadgoodeducation.com.