Written by Gabby Daymond, Founder of HerHR
HR Strategist (14+ years experience) | LLB (Law) | Supporting Australian employees and SMEs navigate complex workplace issues.
Last updated: March 2026
In Australia, adults – especially women – are increasingly being diagnosed with ADHD. And yes, it can have a huge impact on work if your workplace isn’t set up to support neurodivergence.
But here’s the good news: you have workplace rights and entitlements that can help you manage ADHD at work without fearing you‘ll lose your job.
If you’re a professional with ADHD, you’ve landed in the right place. I specialise in helping employees navigate workplace challenges and secure the support they need to perform at their best.
Your Workplace Rights in Australia
If you have ADHD, several Australian laws may provide protections from discrimination and support in the workplace.
Anti-Discrimination Laws
- ADHD may be considered a disability under the Disability Discrimination Act 1992 (Cth).
- This means it’s unlawful for employers to treat you unfairly because of your ADHD diagnosis, symptoms, or because you request adjustments to help you perform your role.
Reasonable Adjustments (Disability Discrimination Law)
- Under disability discrimination laws, employers may need to make “reasonable adjustments” to help you perform the inherent requirements of your job – unless doing so would cause unjustifiable hardship to the business.
- Reasonable adjustments could include things like:
- written instructions instead of verbal directions
- noise-cancelling headphones in open-plan offices
- clearer task prioritisation or structured check-ins
- quiet workspaces or reduced interruptions
- flexible start/finish times to support focus patterns.
- These adjustments are about removing barriers that make work harder because of a disability.
Flexible Work Arrangements
- Separately, some employees have the legal right to request flexible working arrangements under the Fair Work Act 2009 (Cth).
- Employees with a disability (which may include ADHD) can request changes such as:
- working from home on certain days
- adjusted start and finish times
- part-time arrangements
- changes to work location or hours.
- Employers must properly consider these requests and can only refuse on reasonable business grounds.
Leave Entitlements
- Employees can use personal leave (sick leave) when ADHD symptoms significantly affect their ability to work.
Work Health & Safety (WHS) Obligations
- Employers also have obligations under work health and safety laws to provide a psychologically safe workplace.
- This includes identifying and managing psychosocial risks such as:
- excessive workload
- constant interruptions
- unclear expectations
- lack of support or supervision
- These risks can disproportionately affect neurodivergent employees if they are not properly managed.
Diagnosis vs No Diagnosis
A formal diagnosis is not always required to start conversations about support at work. However, a diagnosis can strengthen requests for both flexible work arrangements under the Fair Work Act and reasonable adjustments under disability discrimination laws.
Even without a diagnosis, you are still entitled to:
• fair treatment at work
• a psychologically safe workplace
• respectful conversations about performance and support.
What Workplace Support Can Look Like
You don’t have to struggle in silence or “mask” your ADHD at work. Some support options include:
- Breaking down big projects into smaller tasks.
- Adjusting start/finish times to align with your energy peaks.
- Clear, written instructions instead of verbal “brain dumps.”
- Access to coaching, mentoring, or Employee Assistance Programs (EAPs).
- Creating quieter or low-distraction spaces for focus work.
These aren’t “special favours” – they’re adjustments that help you do your best work, which benefits both you and your employer. Support strategies will look different for everyone depending on their role, industry, and individual needs. That’s why it’s best to have independent HR support to help you learn what might work best. It’s important to remember that your internal HR department‘s role is to protect the business, not you. Independent HR guidance can therefore provide an additional perspective focused on helping you navigate your options and protect your career with confidence.
When Things Go Wrong
- You fear you may be placed on a performance management process or risk losing your job due to your ADHD.
- You’re penalised for asking for support.
- Your manager refuses adjustments without a valid reason.
- You’re treated as “lazy” or “difficult” because of ADHD symptoms.
This can be a red flag that your workplace rights may not be being properly considered. At this point, independent HR support can help you frame requests, gather evidence, or escalate to obtaining legal representation if needed. In some cases, you may also be able to lodge a complaint with the Fair Work Commission, Australian Human Rights Commission, or your state’s anti-discrimination body.
Your Next Step
ADHD doesn’t mean you can’t succeed at work. It means you may need support, structure, and respect – and Australian law says you’re entitled to it.
At HerHR, we support professional women across Australia navigating ADHD in the workplace.
In a confidential conversation, we’ll take the time to understand what’s happening for you at work and identify practical strategies to support you moving forward. From preparing flexible work adjustment requests to navigating challenging conversations with managers, we’re here to ensure you feel informed, supported, and confident in your career.
Because with the right strategies and support, ADHD doesn’t have to be a setback at work – it can become a strength.
Book a confidential ADHD workplace support session today – and feel confident to take control of your career.
