Our understanding and acceptance of those with mental disabilities has evolved greatly over time. There is no denying that major strides have been made in the classification and treatment of various disorders, including autism spectrum disorders (ASD). However, negative social stigmas will never completely go away, so people with Asperger syndrome and other neurodevelopmental conditions continue to face challenge in their daily lives.
For example, some employers do not see those on the spectrum as having the same merits or value as workers who do not have a disability. Disability discrimination is illegal, but it happens far more often than people realize, even in fairly liberal, progressive states like California. Speaking out against these practices and holding employers accountable is the only way to effectively combat discrimination against an employee because of a mental disability.
Were you fired or treated negatively in some other way by your employer solely or mainly on the basis that you have Asperger’s? If you suspect that having autism is what got you fired, you may be eligible for a workplace discrimination lawsuit against your employer. While getting justice won’t be easy, that doesn’t mean you have to stay silent when it’s clear that you are a victim of wrongful termination.
About Asperger Syndrome
Asperger Syndrome, also known as Asperger’s, was recognized by the Diagnostic and Statistical Manual of Mental Disorders (DMS-IV) in 1994. It is a neurodevelopmental condition that is currently classified as a more broad-scope diagnosis of autism spectrum disorder.
Those with Asperger’s typically have average to above-average intelligence, but they can still struggle with communication, picking up on social cues, building and maintaining relationships, and having a deeper understanding of social situations. .
The lack of delay in speech is a major difference between Asperger syndrome from autism. So, a child with Asperger’s typically meets all the milestones regarding when they start to speak and use certain vocabulary and speech patterns. Some individuals are exceptionally gifted in areas like math and engineering due to their exceptional focus and memory.
While Asperger’s is placed under the autism spectrum umbrella according to the DSM V, there is still a lot of debate and speculation about this neurodevelopmental disorder. In spite of the on-going debates, you have the right to expect equal treatment and access to job opportunities according to California and federal laws. Unlawful employers who engage in discrimination should be reprimanded, but navigating the legal system for an employment rights violation claim is extremely challenging. Rest assured that the lawyers of California Labor Law Employment Attorneys Group are with you every step of the way.
What are My Rights at Work if I have Asperger’s?
Discriminating against an individual because of a physical or mental disability is illegal under the Americans with Disabilities Act (ADA). This is a federal law that protects disabled individuals in all areas of life, including school, access to public spaces, public transportation, and work-related functions and environments.
Under the ADA, a disability is defined as a physical or mental impairment that places major limitations on one or more major life activities. So, that can include a wide array of actions, like speaking, eating, communicating with others, walking, learning, concentrating, and driving, along with bodily functions (digestion, breathing, bladder control, normal cell growth, etc.). Based on the federal government’s interpretation, Asperger syndrome is considered a mental disability. So, if you work for a company with 15 or more employees and have a diagnosis of Asperger’s, the ADA protects you from termination based on your disability.
Examples of Workplace Discrimination
Discrimination in the workplace includes more than being fired, though wrongful termination is the most obvious case. Essentially, disability discrimination applies to any adverse employment decision that limits, segregates, or classifies an employee in a manner that negatively impacts their work status. So, you may not be fired, but having your pay cut, denial of promotions, or being held to standards that do not apply to your colleagues may constitute discriminatory actions by your employer.
Denying reasonable accommodations is another form of discrimination against someone with a serious medical condition. Most employers in California are required to provide modifications or additions that are within reason upon request by a disabled employee. So, the worker must ensure that what they are asking for does not place an undue hardship on the employer. However, most workplaces can do things to make the work environment and job opportunities more accessible to someone with Asperger syndrome. These include, but are not limited to:
- Minimizing sensory overload by providing dim lighting, noise-canceling headphones, or a workspace in a more private area.
- Having a secluded “quiet space” where those with ASD can retreat when they feel overwhelmed.
- Providing ways to easily adjust temperature and lighting (desk lamps and fans, for example).
- Allowing the employee to organize / arrange their desk or workspace in a way that promotes focus and comfort.
- Providing clear and concise written instructions, visual aids, and checklists and rely less on verbal communication.
- Providing the employee with more time to process instructions and information, and sending reminders via email or IMs to help them stay focused.
- Along with instructions, consistently provide support, guidance, and constructive feedback.
- Minimize unnecessary social interactions to help the employee stay focused on work-related tasks
- Breaking down big projects and tasks into smaller components so that the worker does not get overwhelmed
- Provide time-management tools, like calendars, timers, and organizers
- If possible, allow more flexibility in the work schedule, like modified break times and the option to work from home on certain days. However, keep in mind that while some individuals with Asperger’s need flexibility, others do better with predictable routines and minimal changes.
Los Angeles Asperger’s Discrimination Attorneys
No matter what type of disability you are diagnosed with, it’s essential to know about your legal rights and what you can do when they are violated. If you were fired, demoted, sexually harassed, or subjected to other illegal treatment at your job, please get in touch with us at your earliest convenience.
We understand the pain, and mental anguish of knowing that your disability was used against you by a prejudiced employer. If you have any interest in filing an employment claim against your employer, it’s essential to act sooner rather than later. There are numerous steps to suing an employer for wrongful termination, like filing a complaint with the California Civil Rights Department, which has to be done within 1 year of the alleged violation. If you are accusing your employer of violating a federal employment law, you must file a complaint with the Equal Employment Opportunity Commission, which has a deadline of 300 days.
If either of these agencies responds to your complaint with a Right to Sue letter, you have anywhere from 90 days to 1 year to file a lawsuit for lost wages, pain and suffering, and other qualifying damages. For a detailed explanation on the legal process, give us a call 24 hours a day, 7 days a week.
Take Advantage of the Zero Fee Guarantee
Money is a concern for most of us in general, but the problem is even worse when you are out of a job. So, how can you hire a wrongful termination lawyer without compromising your finances? Our law firm has you covered under the Zero Fee Guarantee, which you will receive from the moment you contact us.
The process begins with a free consultation to learn about your rights and legal options. If you would like to go ahead with a lawsuit, an Asperger’s discrimination lawyer will represent you for $0 upfront. Upon receiving your compensation check from the other party, a portion of it goes toward legal fees, meaning that we can only get paid by winning your case. In essence, there is no out of pocket cost to you at any point.
Our legal team is here to fight for victims and send a message to employers that disability discrimination will not be tolerated. Don’t hesitate to reach out and learn about the ways we can assist you.
