Marquee Background
Marquee Background

Offit Kurman Blogs

Commercial Litigation

Does Neurodiversity Matter?

October 7, 2024

By Thomas W. Repczynski

Does Neurodiversity Matter?

Is your organization “neurodiverse?”  Do you care?  Should you? I recently caught a podcast promoting "neurodiversity" and “neurodivergence” - terms with which I was not previously familiar. If you, like me, are new to the concepts, I commend you to the following vocabulary lesson: Neurodivergent & Neurodiversity: Meanings & Examples (exceptionalindividuals.com). Seems my ADHD affliction casts me unexpectedly among an often-marginalized minority group of "exceptional individuals." Trust me, the dual entendre is not lost on me. I've not yet fully looked into the naming decision. However, I am confident the dual meaning of "exceptional" was purposefully adopted.  

As a newly self-aware neurodivergent and one serving on our law firm’s DEI Steering Committee, I now find myself questioning the measures and manners of diversification we choose to promote (and how many more we consciously choose or unknowingly fail), both individually and collectively, to recognize. How narrowly or broadly should we be promoting diversification of our firm’s workforce? Much like the LGBT community itself has struggled and still struggles today to determine and agree upon who to welcome under the tent, to be true to its name, ought, perhaps, those promoting DEI initiatives take a moment to appreciate and address the reality that the pillars of the movement, focusing for the moment only on diversity and inclusion, might be more narrowly or broadly defined. How many cynics and skeptics pre-disposed to reject DEI initiatives as inappropriate race, sexual preference, and/or gender-based proxies might soften their opposition if the storyline were recast so as to avoid altogether a "we-they" lens and be contextualized instead by the guiding concept that a heterogeneous workforce benefits everyone?  President John F. Kennedy self-deprecatingly credited his success to having surrounded himself with a diversity of opinions, believing that a cabinet of like-minded “yes-men” would be self-defeating (and mostly redundant). Leaving for another day a more thoughtful look at the inequities sought to be addressed by the “E” in our collective DEI efforts (and noting in this context as well, the separate quest of some to expand such initiatives and their overarching acronym to recognize a “B” for Belonging, where everyone is not only invited to have a seat at the table but also is made to feel welcome to do so), encouraging and promoting diversity and inclusion ought, fundamentally, be founded upon a conscious effort to achieve a sum greater than its parts by bringing together those of differing perspectives. As another exceptional individual shared with me on this point, it’s not a “zero-sum” situation where one group’s loss is another’s gain. Everyone benefits!

So, I ask again . . . is your organization neurodiverse? Should you care? Hopefully, we can all agree, at least, that knowing and appreciating what neurodivergence means is a good first step in answering the question. Understanding the potential value of incorporating neurodivergent individuals in professional work environments and, in turn, harnessing such potential virtually assures “group-think” avoidance. What naturally flows from this recognition is an appreciation that diversity, in general, is a favorable objective. Striving to achieve a more diverse and inclusive work environment is important because, just as a rising tide lifts all boats, diversity, by definition, brings a broader depth of experiences, perspectives, and ways of looking at problems, everyday situations, and, yes, even legal issues and arguments. Whether to consider and promote diversity -- neurodiversity or otherwise! -- is not simply an objective (or subjective!) question of doing the right or wrong thing. Nor, I suggest, is promoting a DEI agenda necessarily a matter of identifying and overcoming biases or prejudices (although these certainly play an unfortunate and unacceptable role in environments developed absent DEI considerations). Rather, I believe caring about issues such as neurodiversity and diversity more generally leads to avoiding tendencies towards like-mindedness and “group-think,” and, speaking apolitically, I believe that President Kennedy had it right when he made a point of assuring that a diversity of opinions informed his ultimate decision-making.  

Should you care if your organization is neurodiverse? Of course you should.

Related People

Related Services

  • Posts
  • About
  • Subscribe

Firm Highlights

  • Blog Posts
    Law, Love, and Life's Battles: Facing Breast Cancer
    What happens to a marriage and a family when a breast cancer diagnosis changes everything? In this episode of Love Ends, Law Begins, hosts Fara Rodriguez and Stephanie Lehman have a deeply personal conversation about breast cancer, marriage, family, and the challenges that can come with a serious illness. This episode is especially meaningful for Fara, who shares her own recent breast cancer diagnosis and journey. She opens up about discovering a lump, receiving her diagnosis, undergoing a double mastectomy and subsequent treatments, and navigating the emotional impact of cancer while continuing to work and care for her family. Fara and Stephanie discuss how a cancer diagnosis can affect a marriage in unexpected ways—from changing family roles and creating new caregiving responsibilities to putting pressure on finances, health insurance, and household responsibilities. They explore how illness can either bring couples closer together or create additional challenges, particularly when one spouse becomes the primary caregiver or when the family is dealing with fear and uncertainty. The conversation also addresses the unique challenges of parenting during an illness, including how to talk to children about a cancer diagnosis and how divorced parents may need to adjust parenting schedules and responsibilities when one parent becomes sick. From navigating medical expenses and insurance coverage to balancing work, parenting, caregiving, and intimacy, Fara and Stephanie offer a candid look at the ways illness can reshape relationships and family dynamics. In recognition of Breast Cancer Awareness Month, this episode provides an honest and personal conversation about facing cancer while navigating marriage, family, and the many practical challenges that come with a serious diagnosis. In this episode, you'll hear about: • Fara's personal breast cancer diagnosis and journey • How a cancer diagnosis can affect a marriage • The challenges of becoming a caregiver to your spouse • How illness can bring couples closer together—or create new challenges • Talking to children about a parent's cancer diagnosis • How divorced parents can navigate parenting responsibilities when one parent becomes ill • The financial impact of illness and the loss of household income • Health insurance and medical coverage considerations • How medical expenses can create additional financial strain • The importance of support from family, friends, and caregivers • Balancing work, parenting, treatment, and recovery • How illness can affect intimacy and marital dynamics • The importance of supporting children through a parent's illness • Why communication and cooperation matter during a health crisis • Breast Cancer Awareness Month and the importance of mammograms
  • Events
    AIA Tri-State Conference
    Princeton will serve as the backdrop for three days of connection, learning, and design leadership. From keynotes to tours to the Tri-State Design Awards, this year’s conference is designed to go far beyond education sessions. Kick off the week with pre-conference intensives and individual state component Design Award celebrations, followed by three days of education, inspiration, networking, and design excellence at the 2026 AIA Tri-State Conference—featuring pre-conference intensives, three keynote speakers, 25 education sessions, curated tours, an expo, spec academies, and the AIA Tri-State Design Awards—bringing together architects and design professionals from New Jersey, New York, and Pennsylvania to connect, learn, and celebrate the best of the profession. G2. Designing Secure Practices: Cybersecurity, Data Privacy, Contractual Provisions, and Insurance Risks for Architects (4:00 PM - 5:30 PM) Architects and design professionals increasingly rely on cloud platforms, BIM software, and digital tools to manage sensitive data, creating cybersecurity and privacy risks. A single incident can trigger liability claims, regulatory obligations, reputational harm, and insurance challenges. Yet many firms underestimate how contracts, insurance, and internal practices intersect during a breach. This program offers legal and insurance perspectives on cyber risk in architecture, examining liability exposure, risky contract provisions, and mitigation strategies. A cyber insurance expert will explain policy responses, coverage gaps, coordination with professional liability, and best practices for aligning insurance with contractual risk and protecting firms from evolving cyber threats. Learning Objectives: Identify key cybersecurity and data privacy risks faced by architecture firms and explain how these risks can impact professional liability and project outcomes. Analyze common contractual provisions to determine which clauses may increase exposure to cyber incidents and propose strategies to mitigate these risks. Evaluate the scope and limitations of cyber insurance policies, including coordination with professional liability coverage, to determine how a policy would respond in a breach scenario. Develop actionable risk management strategies by integrating legal, contractual, and insurance considerations to protect sensitive client and project data.