How does the ADA work?
My psychologist was trying to explain to me how the ADA works....
If I understand correctly, disabled people are protected from harassment in the workplace, but they are not protected from being fired if the disability interferes with work productivity.
I work in a group home. He said that I can't be harassed, but that I can be fired if my employer knows about my autism and decides I'm a liability or a danger to the residents.
In this case I have decided not to disclose/ask for accommodations.
Is my understanding correct?
_________________
Feeling lonely and content at the same time, I believe, is a rare kind of happiness.
-Nightwish
Sounds correct. But disabled people can still get harassed in the work place and discrimination still happens sadly. People will break the law if they can get away with it and know they can. This is one of them.
_________________
Son: Diagnosed w/anxiety and ADHD. Also academic delayed and ASD lv 1.
Daughter: NT, no diagnoses. Possibly OCD. Is very private about herself.
The ADA requires "reasonable accommodation." Sadly, it's up to the employer what is "reasonable" and the courts judge based on what resources an employer has to accommodate people with a disability.
The problem is how the employer justifies any given condition (or co-morbid) as being something they can't accommodate so that you can do the requirements of the job.
An autistic person with certain symptoms which cannot be managed MIGHT be a liability, but as all autistic people are not identical in their symptoms and degree of severity, you can't just apply a blanket policy to people with autism.
This is why most places might find a "reason" to not hire someone with AS in the first place...too many variables and unknowns to plan for. A man in a wheelchair is one thing. A person with 25+ possible symptoms that manifest to varying degrees is near impossible to predict.
My advice would be to find an indirect way to inquire about your employers EEO/ADA policies through the human resources/personnel office. See what they have in writing. See if they are open to considering an applicant with autism. If they have a list of things they won't hire that seem vague (e.g., autism having a blanket prohibition rather than specific symptoms of autism being something that would disqualify), see if you can get more information on how they justify the policy.
I could see someone with AS who is prone to meltdowns/shutdowns as being a potential danger to others either in outbursts or inability to act at a critical moment. However, not everyone with AS has meltdowns/shutdowns to either a moderate or severe degree, and those with better "self control" could always cope by getting away from a situation before it triggers while others go off without warning.
If your employer seems to be autistic-friendly, you could risk identifying yourself. If they don't seem to be autistic-friendly, either say nothing or see about retaining a discrimination law attorney to consult you on how to "come out" and protect your rights at the same time BEFORE you say anything. Indeed your attorney might be a better channel to dialogue through since he/she can say things more diplomatically and facilitate an understanding with HR about their rights and responsibilities under the ADA as well as communicate to you what your rights and duties are under the ADA.
Just for the record: if, of all places, a f***ing group home fires you for being autistic but still capable of your job, I will personally physically fight whoever made such a god awful stupid decision. I don't have the means to get anywhere outside of my immediate area, but if you'll do the moving, I'll do the punching. >_>
_________________
"Listen deeper to the music before you put it in a box" - Tyler the Creator - Sandwitches
Similar Topics | |
---|---|
why do some games use 10 and 20 when 1 and 2 would work? |
15 Jun 2025, 10:10 pm |
Staying in hotel for work |
23 Apr 2025, 10:16 pm |
What's something good to listen to at work? |
05 Jun 2025, 4:15 pm |
10 Writing Niches that actually work |
03 Jul 2025, 10:42 am |