Mentioning autism without officially disclosing?
08 Jul 2016, 8:36 pm
AspieUtah wrote:
HisShadowX wrote:
AspieUtah wrote:
In addition to all the great advice here, most state and local nondiscrimination laws include prohibitions of actions taken against employees (as well as tenants, customers and others) based on a perception of an employee being disabled, not merely the fact that the employee is disabled. In these cases, it would be possible to imply a disability without disclosing the fact of any disability, and still remain protected under the laws. So, you might want to search the Internet for your town, city, county and state nondiscrimination laws to determine whether you could imply a disability for the sake of improving your workplace while not disclosing.
You mentioned that you don't need the professional supports that might come from a disclosure, so this advice is built around that reality.
You mentioned that you don't need the professional supports that might come from a disclosure, so this advice is built around that reality.
Incorrect....
Thank you!
No problem, I thought the same thing as you and when I was trying to prove someone wrong with EEOC law I found I was incorrect.
09 Jul 2016, 7:12 am
HisShadowX wrote:
AspieUtah wrote:
HisShadowX wrote:
AspieUtah wrote:
In addition to all the great advice here, most state and local nondiscrimination laws include prohibitions of actions taken against employees (as well as tenants, customers and others) based on a perception of an employee being disabled, not merely the fact that the employee is disabled. In these cases, it would be possible to imply a disability without disclosing the fact of any disability, and still remain protected under the laws. So, you might want to search the Internet for your town, city, county and state nondiscrimination laws to determine whether you could imply a disability for the sake of improving your workplace while not disclosing.
You mentioned that you don't need the professional supports that might come from a disclosure, so this advice is built around that reality.
You mentioned that you don't need the professional supports that might come from a disclosure, so this advice is built around that reality.
Incorrect....
Thank you!
No problem, I thought the same thing as you and when I was trying to prove someone wrong with EEOC law I found I was incorrect.
Well, during the last 34 years studying and practicing administrative, legislative and judicial law, I have made more than one mistake, usually by presuming. Thank you!
_________________
Diagnosed in 2015 with ASD Level 1 by the University of Utah Health Care Autism Spectrum Disorder Clinic using the ADOS-2 Module 4 assessment instrument [11/30] -- Screened in 2014 with ASD by using the University of Cambridge Autism Research Centre AQ (Adult) [43/50]; EQ-60 for adults [11/80]; FQ [43/135]; SQ (Adult) [130/150] self-reported screening inventories -- Assessed since 1978 with an estimated IQ [≈145] by several clinicians -- Contact on WrongPlanet.net by private message (PM)
Commadore1
Tufted Titmouse
Joined: 1 Jul 2015
Age: 34
Gender: Male
Posts: 34
Location: Ontario, Canada Eh
09 Jul 2016, 3:58 pm
HisShadowX wrote:
AspieUtah wrote:
In addition to all the great advice here, most state and local nondiscrimination laws include prohibitions of actions taken against employees (as well as tenants, customers and others) based on a perception of an employee being disabled, not merely the fact that the employee is disabled. In these cases, it would be possible to imply a disability without disclosing the fact of any disability, and still remain protected under the laws. So, you might want to search the Internet for your town, city, county and state nondiscrimination laws to determine whether you could imply a disability for the sake of improving your workplace while not disclosing.
You mentioned that you don't need the professional supports that might come from a disclosure, so this advice is built around that reality.
You mentioned that you don't need the professional supports that might come from a disclosure, so this advice is built around that reality.
Incorrect
Example 19: Tom, a program director, has successfully controlled most symptoms of his bipolar disorder for a long period, but lately he has had a recurrence of certain symptoms. In the past couple of weeks, he has sometimes talked uncontrollably and his judgment has seemed erratic, leading him to propose projects and deadlines that are unrealistic. At a staff meeting, he becomes angry and disparaging towards a colleague who disagrees with him. Tom’s supervisor tells him after the meeting that his behavior was inappropriate. Tom agrees and reveals for the first time that he has bipolar disorder. He explains that he believes he is experiencing a recurrence of symptoms and says that he will contact his doctor immediately to discuss medical options. The next day Tom provides documentation from his doctor explaining the need to put him on different medication, and stating that it should take no more than six to eight weeks for the medication to eliminate the symptoms. The doctor believes Tom can still continue working, but that it would be helpful for the next couple of months if Tom had more discussions with his supervisor about projects and deadlines so that he could receive feedback to ensure that his goals are realistic. Tom also requests that his supervisor provide clear instructions in writing about work assignments as well as intermediate timetables to help him keep on track. The supervisor responds that Tom must treat his colleagues with respect and agrees to provide for up to two months all of the reasonable accommodations Tom has requested because they would assist him to continue performing his job without causing an undue hardship.
Practical Guidance: Ideally, employees will request reasonable accommodation before conduct problems arise, or at least before they become too serious.52 Although the ADA does not require employees to ask for an accommodation at a specific time, the timing of a request for reasonable accommodation is important because an employer does not have to rescind discipline (including termination) warranted by misconduct. Employees should not assume that an employer knows that an accommodation is needed to address a conduct issue merely because the employer knows about the employee’s disability. Nor does an employer’s knowledge of an employee’s disability require the employer to ask if the misbehavior is disability-related.
____________
Example 20: An employee informs her supervisor that she has been diagnosed with bipolar disorder. A few months later, the supervisor asks to meet with the employee concerning her work on a recent assignment. At the meeting, the supervisor explains that the employee’s work has been generally good, but he provides some constructive criticism. The employee becomes angry, yells at the supervisor, and curses him when the supervisor tells her she cannot leave the meeting until he has finished discussing her work. The company terminates the employee, the same punishment given to any employee who is insubordinate. The employee protests her termination, telling the supervisor that her outburst was a result of her bipolar disorder which makes it hard for her to control her temper when she is feeling extreme stress. She says she was trying to get away from the supervisor when she felt she was losing control, but he ordered her not to leave the room. The employee apologizes and requests that the termination be rescinded and that in the future she be allowed to leave the premises if she feels that the stress may cause her to engage in inappropriate behavior. The employer may leave the termination in place without violating the ADA because the employee’s request for reasonable accommodation came after her insubordinate conduct.
SOURCE: https://www.eeoc.gov/facts/performance-conduct.html
SocOfAutism wrote:
I just submitted a draft of my thesis on this subject, and on the subject of autistic workers in general.
I have also spent some time researching Passing, which is a huge part of life on the spectrum. There has been a lot documented about other kinds of passing, such as race and sexual orientation passing, but almost nothing about autism spectrum passing.
It may become detrimental to your well-being to pass all the time at work. It would probably depend on how often it was an issue. If the topic came up a lot, if you LOOKED or ACTED autistic and had to actively conceal it, or if you were often bothered by sensory problems or highly social tasks that you couldn't get out of- this kind of environment eats away at most people. I would do some thinking about how big a deal "being autistic at work" is and that might tell you how much and to whom you should disclose.
I do not know about other countries, but in the United States, only a formal, medical documentation given to your boss and/or HR protects you under the ADA. You can be discriminated against for being autistic and you can be denied accommodations (legally) if you do not medically disclose. That's just how the ADA works. So you should do some thinking about that too.
If I were going to advise a personal friend of mine what to do in this circumstance, I would advise providing a medical diagnosis to HR and then sitting down and having an educational talk with your boss. I would mention it to your co-workers and immediately give your own, brief explanation of what autism is and how it applies to you. No long explanation, just a short description.
For example, you might say something like, "I am on the autism spectrum. It's not a big deal. It just means that I have to use more energy for social situations. That's why I'm not good on the phone." That wouldn't make anyone uncomfortable and they would remember it. They might ask a (possibly offensive) question, and you could answer. I would include statements like, "I'm normal. I just don't like loud noises." or "Just like you hate reports, I don't like meetings." They may not be suggesting that you are NOT normal, but you don't want to give anyone the opportunity to have weird thoughts about autism. These kinds of statements peppered into explanations builds a positive picture of autism to the people you have to be around every day.
I have also spent some time researching Passing, which is a huge part of life on the spectrum. There has been a lot documented about other kinds of passing, such as race and sexual orientation passing, but almost nothing about autism spectrum passing.
It may become detrimental to your well-being to pass all the time at work. It would probably depend on how often it was an issue. If the topic came up a lot, if you LOOKED or ACTED autistic and had to actively conceal it, or if you were often bothered by sensory problems or highly social tasks that you couldn't get out of- this kind of environment eats away at most people. I would do some thinking about how big a deal "being autistic at work" is and that might tell you how much and to whom you should disclose.
I do not know about other countries, but in the United States, only a formal, medical documentation given to your boss and/or HR protects you under the ADA. You can be discriminated against for being autistic and you can be denied accommodations (legally) if you do not medically disclose. That's just how the ADA works. So you should do some thinking about that too.
If I were going to advise a personal friend of mine what to do in this circumstance, I would advise providing a medical diagnosis to HR and then sitting down and having an educational talk with your boss. I would mention it to your co-workers and immediately give your own, brief explanation of what autism is and how it applies to you. No long explanation, just a short description.
For example, you might say something like, "I am on the autism spectrum. It's not a big deal. It just means that I have to use more energy for social situations. That's why I'm not good on the phone." That wouldn't make anyone uncomfortable and they would remember it. They might ask a (possibly offensive) question, and you could answer. I would include statements like, "I'm normal. I just don't like loud noises." or "Just like you hate reports, I don't like meetings." They may not be suggesting that you are NOT normal, but you don't want to give anyone the opportunity to have weird thoughts about autism. These kinds of statements peppered into explanations builds a positive picture of autism to the people you have to be around every day.
^ This is great advice. I would only caution not to bombard them with info and possibly working with someone first on how to approach this because people do take things the wrong way.
I agree with what you have said but would just say observe the type of character your boss is before telling him. HR should be fine. Im not so sure about all the employees and having a pow wow about autism. Use your judgement and i would observe the employees as best you can beforehand.
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