Employer sued over AS discrimination

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Thanks for posting this. I'll keep in mind if a Randstat (or subsidiary) recruiter calls, I'll decline to submit my resume for consideration. Let's take this a step further. If Randstat is recruiting you, decline to participate and cite that your are on the autism spectrum and Randstat has a history of discriminating against neuro-atypicals. Recruiters get paid according to the number of people they bring in and place in jobs. If they can't get your resume, they don't get paid.

When I worked at a resteraunt it seemed the only ones who were not running around in their underware in front of the time clock and changing rooms was the woman who were over 35. It was mostly people who forgot to punch in and had a minute or two before being late. Also being pushed out by the other people changing as a joke. Its the reason the waitresses and the take out girls wore black underware. I think after you worked there for over three months you saw everyone in their underware at least once.

True, but a small increase in positive discrimination can't be a bad thing. If the NT's apply, let them feel what the Aspies feel every time they get rejected.

As it stands I am considering an employment tribunal against a company I had an interview with. They rejected me for lack of evidence in the competencies customer appreciation and team-work. Interestingly, I had asked (as a reasonable adjustment) to be provided the interview questions. They were provided, but a few days later new ones were, which had questions relating to those two competencies when there were none in the previous set. From my perspective they have asked questions relating to a disability I have (i.e. competencies I would be expected to have difficulties with) and rejected me due to them, without considering reasonable adjustments. When the company (a Government department) claims to offer equality, and even offered a sign language interpreter at interview if required - when IMO someone who communicates with sign language is likely to have as much difficulty face-too-face verbally as someone with Asperger's.

Sign me up

Yes I was recently fired from my job distributing handbills because I was accused of annoying the public. Although there was a grain of truth in the accusations against me the fact is I was able to distrubute more handbills simply because I was courteous and I asked people if they would like some information. The other workers made no effort to distribute the handbills so they accused me of forcing people to accept my handbills. The truth was I received compliments from shoppers that I was not overbearing. My only problem was that I hade trouble remembering the faces of strangers so sometimes I would ask the same shoppers at a later time.

What got me fired was that I gave a handbill to a kid. I saw other workers give handbills to kids so I thought it was all right. I was never told not to give a handbill to a kid but I was accused of not being able to follow instructions even though I received no instructions and everytime I asked for instructions I was called stupid. The problem is that a shopper called in and complained. Unfortunately a lot of shoppers like to complain no matter what you do and are only happy if you quit and go get another job. So I thought that it was no big deal because it would not happen again. Unfortunately for autistic person there is not going to be another time.

What I find strange is that while autistics face difficulties they are actually expected to perform to a higher standard than neurotypicals in the very areas that they face the most difficulties.

Interesting observation, and an accurate one when people end up drawing attention to themselves. Introspection and self-awareness are good things, but thinking out loud and/or assuming others do the same can definitely work against oneself.

This is a problem. The solution offered is not the right one. Yet the problem exist despite.

I'm interested in more why you feel the "solution offered is not the right one"? Do you also disagree with the person suing (probably the equivalent of a UK employment tribunal) Randstad mentioned in the first post?

The reality is I will probably never get a job, due to my difficulties in interviews. An employment tribunal (ET) won't in, and of itself, help me get a job - I fully accept. The worst outcome would be the ET decides that customer appreciation and team work skills really were an essential part of the job, and that as no "reasonable adjustment" (as required by the law) was possible, no discrimination occurred. Worse further still they could decide my claim was vexatious and order me to pay the costs of the employer. Not that I have any money in order to do so as I've never managed to get a job, I currently receive no state benefits, and as my chance of ever getting a job seems to be in question an attachment of earnings order would be a waste of time...

One thing is a claim of disability discrimination is somewhat tenuous in my case compared with that mentioned in the OP. I mentioned my disability on application. The guy in the article applied and was appointed on his own merits. Only when he revealed his disability did they revoke the offer of a job. A very clear instance of discrimination as the job was offered, and then the offer removed after divulging a disability. In my case post-interview feedback merely indicated I did not show evidence of certain skills they wanted, that I would be expected to find difficult due to my disability.

The question is in whether there is any benefit from the tribunal deciding discrimination DID occur. Not being offered a job is not evidence of disability discrimination in and of itself, there could be a whole host of reasons why someone was not appointed - the evidence comes in how the decision to not appoint was made. If informed of such a case, most employers will tighten up on how they give feedback - to reduce potential for litigation. The only possible evidence of discrimination is from post interview feedback. Instead of "you had no evidence of customer appreciation and team work skills" it will be "another candidate was more suited to the position", or "another candidate had better skills in..." One benefit is it will spread the message of what Asperger's (AS) is, if spread in the media. Employers might become interested in what AS is, and find that actually people with the condition may be particularly useful in certain jobs. Although I suspect most employers have a dislike for people who are "different" and are just unwilling to ever take the risk. Best hope for people with AS is probably for one employer to take the risk, hopefully they will find out - well actually they aren't so bad once I communicate with them in a certain way and are as good/better than any other employees, and hire more people with AS in future.

If I managed to successfully push the issue in the media and my name was attached to the articles, I guess there is the chance I have just decreased my chance of getting a job when employers see my name in the application. I think what would be beneficial is giving a message to people with AS, and to employers, that discrimination against such conditions is as against the law as discriminating against a wheelchair user - and that they *must* make reasonable adjustments where possible and reasonable. Being made by an ET to pay compensation would bring this message home harder than a polite letter from someone who felt they had been discriminated against. If people with AS "bend over and take it" (so to speak) employers will continue to do the same to other people with AS and will never realise they are doing wrong. The other thing I feel would make it more worthwhile to bring a tribunal case against them is that they are a Government company and claim to be an Equal Opportunities employer. If I did not have an equal opportunity as someone with a disability, this brings their assertion into question.

I'm certainly not interested in acquiring money (despite living in relative poverty due to never having had a job). I just want employers to understand discrimination is against the law, and to give people with AS who have as much difficulty in finding work as me some kind of hope, and to realise that in similar circumstances they too could bring a tribunal against an employer to enforce their rights and ensure that employers know what they are doing is wrong. I feel I have tried everything else, and the last thing available to me is the law. If employers cannot meet their legal obligations, they deserve to have consequences for that.

I have received the information I requested from the employer/company earlier today - questions regarding whether I was discriminated against. I think they left it as long as legally possible in order to reduce the chance of me filing an ET claim. It's part of the law that employers must legally respond to questions about discrimination. I think the idea is to try keep cases away from and reach a settlement without the need for involvement of an ET. Afraid to look though as I know it will say something negative about me I don't want to read. I currently have 3 weeks in which to decide if I wish to bring an ET and to file the form.

Reverse discrimination is not the solution. The original post about the lawsuit I am not against. I am wondering what the outcome will be as I had posted originally.

I wouldn't view enforcing legal rights as reverse discrimination. And if it is reverse discrimination, then it was entirely avoidable by those to whom it is directed anyway.

I would say to purposely seek any kind of revenge or hard feelings is just not the right way to go. The what others call the N.T's can become the best allies for opportunity of what some call the aspies.

This is honestly my biggest fear in looking for a new job. My current job is pretty awful (partly because I haven't received several basic parts of the training despite repeatedly asking, mostly because they took my lack of training as being a poor employee and decided I only deserved ten hours a week at absolute best and that they just wouldn't put me on the schedule on other weeks — and I'm pretty sure this wouldn't be the cast if I were, you know, like everybody else, in spite of the manager's claims to the contrary), and I've been worrying myself sick that I'll be fired for some baloney reason like that — at this or at my next job, once I can find it.

That sort of retaliation will just get a horde of ret*d a**holes crying foul. Maybe you should set in a place where there are only people like that.

Sounds like the most tolerant and prejudice free person on the face of the Earth. (Sarcastic)

Was this directed towards me?

Yes. Care to explain why the remarks support the view of advocacy against hatred and is pro-dignity?