Archive for the 'Discrimination' Category

Asperger’s Syndrome And Legal Disability

Written by Staff on Friday, July 24th, 2009 in Asperger's Syndrome, Discrimination.

ashkyd on Flickr

ashkyd on Flickr

Jake Crosby, contributing editor at Age of Autism, has taken a moment to discuss why Asperger’s Syndrome is a legal disability.

Apparently, someone commented on one of his earlier posts on the blog that Asperger’s Syndrome is not a disability because it is not legally defined as one.

Geez, talk about simplicity!

Given the fact that laws change every year based on both public and legislator opinion, new data, and culture, it seems rather silly to dismiss the plight that Asperger’s often carries in education and employment situations as not being a “disability.”

A few excerpts from Jake’s article:

“People with Asperger Syndrome are covered by the Individuals with Disabilities Act to receive accommodations in both work and in school.”

“One contradictory element in such views is the claim we do not qualify for “most” disability programs as opposed to all of them and then make the argument that just because we can’t put handicapped stickers in our cars that we are therefore not disabled. Yet, “disability” is a legal term, not open to interpretation. Someone is either disabled or they are not. If he qualifies for any disability programs, he is still disabled, regardless of whether or not he qualifies for “most” of them, much less if he has permission to park in a handicapped space.”

Continue reading Jake’s post at ageofautism.com.

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danperry.com on Flickr

danperry.com on Flickr

Andrew Beck has won a bullying claim at an employment tribunal that alleged he was subject to ridicule and unfair treatment from his employer.

While working at Davyhulme Park club, in Manchester in the UK, Beck claims he was not allowed to operate a motorized vehicle, was forced to do heavier workloads than other co-workers, not given enough breaks with lighter duties, and was forced to wear a red cap.

Eventually, Beck was forced to resign.

The story has generated quite a few comments at the Manchester Evening News, including one that alleges the hat was for Beck’s own safety so other golfers could see him on the golf course and that being banned from motorized vehicles was due to an accident in which Beck ran into another staff member.

While the accident may have been good reason in Beck’s restrictions, one has to wonder how his Asperger’s Syndrome warranted wearing a special “cap” that distinguishes him from others as he probably wasn’t at any more risk of injury than any other person on the field.

And while his restrictions may have forced staff to assign more laborous work to fill the day, it’s hard to justify why Mr. Beck wasn’t given complete breaks, let alone breaks consisting of lighter work.

The compensation, which is expected to reach into five figures, will be announced next month.

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mind on fire

mind on fire

Employers are not allowed to discriminate based on numerous factors, including age, sex, race, and gender, but could find ways to not hire or “ax” an autistic or Asperger just because of their differences.

The very thought may make some on the spectrum uncomfortable and lends us to asking: Do we need more activism to make these individuals protected classes?

Autism Examiner Brian Field makes a lovely scenario which gives an example of the outrage that would occur if discrimination practices were done to any other protected class, except autistics.

“Did you hear the news recently that told of the business executive — at his company for 12 years — who goaded his (white) co-workers to ostracize the single African-American employee and have her separated from the other workers? Of course the executive was discovered for what he’d done, senior brass brought in, and the executive was quickly fired for discrimination in the workplace. Justice was served, and onlookers breathed a sigh of relief.”

David goes on to say that we almost always believe the employer will be punished for its mistakes, given the facts. But swap “African-American” for “autistic” and there’s no guarantee justice will be served.

Like any negative practice at work, it takes education, policy changes, and time to make a safe environment for those affected, and autism is probably no different. But can these individuals afford to wait that long?

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