AFAA Foundation Discusses Congressional Hearings on Increasing Disability Unemployment

Congressman Carey and the House Ways and Means Committee Hold a Hearing About Breaking Barriers for Neurodivergent Americans who Want to Work

The House Ways and Means Subcommittee on Social Security, Work and Welfare held a hearing on September 9, 2025, relating to breaking down barriers for employment to neurodivergent Americans. Americans for Autism Advocacy Foundation (AFAA-F) highlights the work of subcommittee Chairman, Congressman Mike Carey (R-Ohio) for holding such a hearing.

Congressman Carey‘s Efforts to Fix Social Security for Neurodivergent Americans

For some neurodivergent adults, they rely on programs like Social Security to support themselves if a medical provider finds a diagnosis that prevents them from entering the workforce. Congressman Carey mentioned in his testimony that this is the first such hearing on return to work policies for Social Security since 2015.

Congressman Carey notes that a considerable portion of Supplemental Security Insurance (SSI) and Disability Insurance (DI) recipients are career-oriented, with 18 percent reportedly prepared to transition off benefits within five years. AFAA Foundation promotes federal and state policy solutions that reduce barriers to gainful employment for neurodivergent Americans.

AFAA-F encourages federal lawmakers to draft legislation that prevents unnecessary claw backs of rightfully earned SSI and DI payments. This policy change can enable Americans with disabilities, including individuals who are neurodivergent, to re-enter the workforce without risking the loss of their benefits.

AFAA Foundation’s Solutions for Helping Neurodivergent Americans Enter the Workforce

AFAA Foundation has other recommended solutions to Congress to help neurodivergent Americans re-enter the workforce.  Our proposed solutions are:

1. Cleaning up the murky definition of intellectual disability present in current federal anti-discrimination law. Eliminating this gray area would provide clear guidance to employers relating to neurodivergent discrimination.
2. Tackling frivolous litigation relating to physical building and website access. Disabled Americans who were wronged by lawyers should be able to sue in federal court to recover attorney’s fees. Federal judges should have power to refer attorneys who are found guilty of bringing such claims to their respective state bars. A 2021 incident of such conduct in Florida resulted in an attorney being suspended for 18 months by their bar association.
3. Encourage the U.S. Department of Labor to educate employers about reasonable accommodations for neurodivergent individuals. Most accommodations for neurodivergent individuals are cost neutral such as:
   1. Reducing the sound level in a work environment.
   2. A special office or work area that reduces light.
   3. Flexible scheduling.
   4. Telecommuting.
   5. Additional channels to raise workplace concerns.
4. Request the Secretary of Labor to investigate the increase of discrimination complaints filed by neurodivergent employees with the Equal Employment Opportunity Commission (EEOC). The EEOC reported that a total of 488 charges related to Autism or neurodivergent discrimination were filed in 2023 compared to 53 in 2013. A report should be provided to Congress on recommended solutions to reduce the number of complaints filed with the EEOC.

These solutions can help increase the number of disabled adults entering the workforce. Congress should work together regardless of party to increase the number of disabled Americans participating in the workforce.