Wednesday, September 5, 2012

Ask Slashdot: Dealing With Disabilities In the Workplace?

Americans with Disabilities Amendments Act of 2008 as per http://www.autismpolicyblog.com/2011/03/americans-with-disabilities-act-new.html [autismpolicyblog.com]

http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008 [wikipedia.org]

http://www.eeoc.gov/eeoc/newsroom/release/11-7-11a.cfm [eeoc.gov] "Comfort Suites To Pay $132,500 For Disability Discrimination Against Clerk With Autism"

This one is very important, look at page two "Examples Illustrating Definition of Disability" one of the examples used to define a disability was specifically to list autism, by name. Its kind of hard to wiggle out of "autism isn't a disability" when its specifically listed by name in regulation as an example of a legally protected disability.
http://www.eeoc.gov/laws/regulations/upload/adaaa-summary.pdf [eeoc.gov]

I mean when the EEOC uses your diagnosis as an example of what the law covers, its kind of hard to claim that example doesn't fit under the definition. Now my ingrown toenail was not listed by name, so I would have a fight in court to prove its a disability by definition, unlike your diagnosis.

Obviously your best bet is as per your own comment:

Accordingly, at the advice of my attorney

Yeah that'll probably work a hell of a lot better than the advice of some idiot on/. who none the less knows some people with autism and also knows how to use google really well. However if you haven't talked to your lawyer since 2008 when they passed the law, or 2011 when the EEOC released their new regulations specifically naming autism, maybe its time to talk again, or at least think about it?

Source: http://rss.slashdot.org/~r/Slashdot/slashdotScience/~3/dLp9fFNAbqs/ask-slashdot-dealing-with-disabilities-in-the-workplace

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