Autistic individuals have an excellent ability to focus on detail, think creatively, and work without much distraction. This makes them an ideal candidate or employee for all types of jobs. All around the world, people are aware of autism and its symptoms. Nevertheless, some are still unable to accept it. Therefore, some autistic people still face autism discrimination in the workplace and are denied several opportunities.
So in this blog, let’s find out about the common reasons persons with autism struggle to find employment and how law can help them overcome those.
ASD Affects at the Work
ASD is an abbreviation for Autism Spectrum Disease or autism. Usually, individuals with ASD lack certain abilities that might affect their work. Soft skills like communication, socializing, emotional questioning, punctuality can be missing. However, this is not a fair reason for rejection.
Adults with autism also find it tough to comprehend emotions because they’re unable to process their own. This might cause an inability to hold conversations appropriately or not empathize with their coworker’s problems. Usually, employers tend to overlook or disrespect autistic people without understanding that they can be an excellent asset to their organization. This is, basically, what autism discrimination in the workplace looks like. Contact your local labor law attorney for employees if you think you was discriminated against and need help.
What is Autism Discrimination?
Autism involves a wide band of conditions; it is a lifelong state that is supposedly not curable yet. It can be discovered or identified when a child is about 18 months old or earlier. The symptoms only start showing up once the child is 2-3 years old. With the help of correct measures and parenting, autism can be made better for the individual. But, it can not really be eliminated completely.
Autism discrimination in the workplace means treating an individual with disabilities differently or favoring them less over someone else. There are several subtypes of discrimination, and autism falls under disabilities. 31% of people have had autism with intellectual disabilities, but 46% have an above-average IQ. Any job applicant or employee with autism is a qualified individual to fulfill all major life activities.
How Is ASD Protected by Law?
In the USA, the Equal Employment Opportunity Commission (EEOC) protects people from discrimination with special legal rights. Any person violated of their rights can directly approach the court. Although, the lawyer must prove that the victim is a qualified individual with a disability. And, they can complete the task requisites of the position and still have been discriminated against. Usually, even any trivial symptoms can help the individual receive help through the disabilities act ADA.
Legal Protections and Rights
Many laws protect people against autism spectrum disorder discrimination. Here is a summary of autism discrimination and the law!
Americans with Disabilities Act
This law is generally for anyone with a disability, and it forbids discrimination on the basis of disability. The law states that it is a mental or physical impairment that significantly limits a major life activity. Thus, exclusions must be provided for people dealing with the same.
Also, it adds that any employer with 15 or more employees must try to arrange positions for a person with disabilities. Further, this law ensures that any individual with a proper qualification for a job vacancy can get the job with some privileges.
Rehabilitation Act of 1973
This act was enacted in the year 1773, on 26 September, by president Richard M. Nixon and signed by congress. Again, this is quite similar to the one above. It protects people from discrimination based on disabilities. This law applies to programs conducted by federal agencies, for federal employment, funded by federal finances, and for federal contractors.
Through this, the discrimination rates in the US decreased greatly, and it helped increase the employment of the disabled. The rehabilitation act has been amended several times since then, in 1973, 1978, 1986, 1992, 1998, with several new additions.
Section 503 of the Act
The Office of Federal Contract Compliance Programs (OFCCP) of the Employment Standards Administration of the United States Department of Labor is responsible for managing this law. So, it states that a company backed by federal funds of more than $10,000 must employ, train and encourage disable staff.
504 Regulations
This section of the Rehabilitation Act of 1973 states that “no qualified individual with a disability in the United States shall be excluded from, denied the benefits of or subjected to discrimination under” a federally financed program or opportunity carried out by any administrative body or the United States Postal Service.
In other words, this means that all companies that receive government subsidies must obey the constitution. This states that they cannot deny job applications to any disabled employees.
Should You Talk with an Attorney?
Availing positions as a person with disabilities can be quite stressful. So, if you think you are the perfect candidate for a position and are still being discriminated against, you can definitely approach an attorney. Certainly, the court ensures that every qualified individual with a disability receives the recognition they deserve.
How Employees Can Help Employees with Autism?
There are many ways you can support and help an autistic person by making him comfortable. Here are a few!
● Research a bit about autism, and understand the problems that come with it.
● Guide the person with clear and easy-to-understand methods.
● Evaluate whether the said person will be capable of finishing the task or not.
● Hire autism specialists to make the autistic person feel at ease.
● Avoid conversations or contact if the person is uncomfortable.
● Reduce noises and dim overhead lights.
● Understand the fact that they are not used to social interactions and might not join for meetings.
● Do not make them follow a set pattern or schedule that other employees follow.
● Prohibit any type of autism workplace bullying.
Yuriy Moshes is a law practitioner with special knowledge in the fields of real estate transactions, foreclosure defense, personal injury, civil litigation, loan modifications, and short sales. He pursued his education at Touro College Jacob D. Fuchsberg Law Center, J.D from 2005 – 2008.
Over the years, he has helped many homeowners to save their properties. He is also an exceptional labor law attorney for employees with disabilities. Additionally, he has experience in assisting commercial and residential transactional work by creating paperwork for contracts.