ASD Protected Class - Does HR Need To Know

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VincentVanGogh
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31 Aug 2016, 9:10 pm

It is my understanding that we are a protected class according to the Americans With Disabilities Act, so with that in mind, should I inform my human resources director that I have been diagnosed with Asperger's?

I ask this because I have been called to my supervisor's office at least three times because I have said inappropriate things to customers or appeared to be angry in front of a customer.

I am afraid that one day I may get fired because of something I have said when I have no clue that what I have said is inappropriate.



kraftiekortie
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31 Aug 2016, 9:18 pm

Alas, unless it's a class-action sort of suit, where many people have had to same thing done to them, a lawsuit for "unlawful" termination is probably not very "win-able."

You are in a sucky job for Aspies. I wish you were truly Vincent Van Gogh.....so you can live off your talent!

In the meantime, are you in college? If you happen to like IT-related things, you're probably much better off as an Aspie.

I really don't think you should disclose your Asperger's. This would probably be your ticket out of your job (though they wouldn't fire you right away).



VincentVanGogh
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31 Aug 2016, 9:43 pm

College student? That was over 40 years ago. But I am in the IT field (that seems so stereotypical doesn't it). I will just have to be much more careful what I say or just not speak at all at certain times.



kraftiekortie
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31 Aug 2016, 9:51 pm

I guess you're in a "help-desk" environment, then.

Yep....I would just stick to the business at hand.

People who are having trouble with their computers tend to be cranky.



Scoots5012
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01 Sep 2016, 2:30 am

One thing to keep in mind with HR is that they are not there to help you out. Their purpose to is to keep the company you work for out of legal trouble when it comes to personnel issues. In this right-to-work / at will employment environment we currently have here in the states, I would be very cautious about what you tell HR. Anything you say to them that could be construed as a liability from their perspective will in the end be used as a reason the fire you should they decided to go down that road.

You might want to consult with someone who is in the know and can advise you on how to approach HR if you feel that you need to inform them of your DX


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Slug on a Bike
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12 Jul 2018, 1:36 pm

I've started the process
of getting ADA accommodations.
I need HR as an ally.

Today was my first meeting.
The HR lady blew it off.
Grrrrrrrr.
Doesn't bring out my best.

Late diagnosis so
I had to create
a long list of workarounds
at work over the years
on my own.

I want to formalize
the most important ones,
(flexible schedule, private (PRIVATE!! !) office)
as accommodations.

My understanding boss
of 19 years left.
New guy
is harsh & rigid.

Gonna try to put up
some defenses.
Don't want to get fired
at this late date.



BeaArthur
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12 Jul 2018, 6:32 pm

Just because you request an ADA accommodation, doesn't mean you will be granted one. The standard is that the accommodation must be "reasonable" or something like that. I don't know what your job title is, but private office? Maybe if you are a manager or highly valued tech person, a doctor, or other professional. But if your job is educational assistant or call center operator, that is never going to happen. All HR or the company has to do is say "sorry, no rooms are available" or something like that.

Then your next step is to seek legal redress. Are you willing to go that route? Can you afford it? Do you want to make that much of a stink at your workplace?

Retaliation is also a possibility.

I'd say go in politely and humbly. Good luck. I was granted some accommodations, but it was for a very visible physical disability, which I think gets better treatment.


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Tawaki
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12 Jul 2018, 9:19 pm

Be very very careful how your doctor asks for accommodations.

My husband was in IT and got thrown to manning the customer service desk too.

He had severe melt down and was put on temporary disability.

The doctor wrote he could come back to work, but no customer service work. The weasely big deal company said ALL their departments are for customer service, meaning everything there is to cater and help the customer. (They sold widgets)

Since all aspects of the company have a some service to the customer, there were no jobs for my husband. They put him on permanent total disability. Thank god it was a union job or we'd be homeless. This absolutely shattered my husband.

The company's lawyer worked over thing on this one.

ADA is a paper tiger at best.



Magna
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12 Jul 2018, 9:40 pm

What BeaArthur said about "reasonable" accommodation is correct. I can see both sides of it and I think the "reasonable" aspect is a realistic compromise.

For example, it would not be "reasonable" for a family restaurant to be forced to employ a waitperson with uncontrollable Tourette Syndrome in which the person loudly and regularly yelled profanities in the dining room.

Or for a trucking company to be forced to employ a truck driver with narcolepsy.

Everyone has a "bad day" from time to time and we all get crabby. If a person in a customer service position routinely was curt, intolerant and had a poor demeanor with customers and the customers registered complaints, I wouldn't see that person as compatible in that position.