Can I be fired for being diagnosed with Asperger's?

Our knowledge and views of mental disabilities have evolved over time. While we have made strides in identifying and approaching different disorders, negative social stigmas still remain at large. The California Labor Law Employment Attorneys Group knows all too well that there are still many employers out there who choose to discriminate against an employee because of their disability. It’s not right, and it’s not legal. But that does not stop it from happening. This is why we are here: to advocate for your rights. It is illegal to fire you solely based on the fact that you were diagnosed with Asperger’s. If this has happened to you, you may be eligible to file a lawsuit against your employer for wrongful termination or discrimination. Although you may have already had to face the sad reality of prejudice in our society, that does not mean you should give up hope, instead fight for what is rightfully yours.

Asperger’s was first added to the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) in 1994. Typical signs of Asperger’s Disorders are a lack of eye contact, inability to show empathy, and trouble interacting with others. Someone with Asperger’s may have a borderline obsessive nature. It’s possible they collect and categorize objects, and have good memory with numbers and statistics, but have trouble with more abstract concepts. One major difference between Asperger’s and Autism is that there is no speech delay and an individual with Asperger’s may be high functioning and hold an average or above average level of intelligence. The DSM V now places Aspergers along with autism under the umbrella of the autism spectrum. This is still sometimes seen as an area of contention; however, your rights as a disabled individual in the workplace should not be an area of contention. At our firm, we believe every person is equal under the law and those unlawful employers who discriminated against someone because of a disability should be reprimanded for their actions.

I have Asperger’s, what are my rights at work?

The Americans with Disabilities Act (ADA) is a Federal law that prohibits discrimination against someone based on their disability in all areas of life, including work, school, transportation, and any area open to the general public. A disability according to the law is considered any mental or physical impairment that limits someone from one or more major life activities. A past history of this is considered a disability as well. Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. Bodily functions such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive systems are classified as major life activities as well. Asperger’s Disorder meets these requirements. So if you are an employee at a company with 15 or more workers and are diagnosed with Asperger’s then you are covered under this law.

Work discrimination takes many forms. According to the ADA, it is defined as limiting, segregating, or classifying an employee or job applicant in a way that negatively affects a person’s job opportunities or status. Make sure you have not been subject to any of these unlawful practices because of your disability. Under the ADA, you may also be entitled to a reasonable accommodation from your employer. The ADA requires employers to provide a change in the workplace that allows for disabled employee to perform essential functions of the job and receive access to equal job opportunities and benefits as their coworkers. Some examples of common reasonable accommodations at work could be changing job tasks, providing reserved parking, improve accessibility, adjust products or software, allow flexibility in the schedule, allow for services animals and aids, and many more. An employer is obligated to provide any necessary reasonable accommodations as long as it does not cause undue hardship to the employer.

The California Fair Employment and Housing Act (FEHA) is very similar in nature to the ADA. The FEHA protects employees from job discrimination based on a protected status. All companies with a t least 5 or more employees must adhere to this law. The protected statuses outlined in the law include race or color, ancestry or national origin, religion or creed, age (over 40), mental and physical disability, sex or gender, sexual orientation, gender identification, medical condition, genetic information, marital status, and military or veteran status. Asperger’s falls under the umbrella of mental disability here as well. If you’ve been discriminated against or faced negative job repercussions because of your Asperger’s diagnosis, you must seek help from one of our discrimination attorneys.

The knowledgeable attorneys at California Labor Law Employment Attorneys Group are ready to evaluate your claim and provide you with the information that you need to better understand the timeframes applicable to your claim, do not hesitate to contact our firm today.

Asperger’s Discrimination Lawyer in Los Angeles

As someone who has been diagnosed with Asperger’s it’s important to know your rights and what you are entitled to at work. If you’ve been discriminated against at work in any way, shape, or form, it may be in your interest to look into a disability discrimination lawyer. Our lawyers at California Labor Law Employment Attorneys Group understand being discriminated against or fired for having Asperger’s can hurt. The statute of limitations to file a complaint to the Department of Fair Employment and Housing is one year from the date of the allegations. Don’t wait to take steps to regain authority over your life and job. You may be able to receive compensatory and punitive damages as a remedy for your mistreatment. Now is the time to not let your disorder define you, but rather to punish those who do believe a disorder is someone’s sole identity. You are more than just a person with Asperger’s Disorder. You are a human being, an individual with thoughts and opinion, you are a Los Angeles resident, an employee, and most importantly, someone with rights just like everyone else.

Free Consultation and Zero Fee Guarantee

Maybe money is a concern for you. Or maybe, retaliation is a concern for you. Don’t worry; we have you covered on both ends. Money should not be an obstacle because we will provide you with a consultation with one of our Asperger’s discrimination or wrongful termination lawyers free of charge. Our zero-fee guarantee also ensures that you will not have to pay anything unless we win you case. This is our way of showing you that we care more about you finding redemption for your violated rights than about your money. We also want to assure you that retaliation from employers is illegal. If your employer does decide to retaliate against you in the form of a demotion, termination, or negative employment procedures, our lawyers are here to make sure they do not get away with these actions. Let’s send the message together to your employer that disability discrimination should never be allowed in the work place, or anywhere for that matter.