jfishgoddess wrote:
I was only diagnosed a couple of weeks ago, but feeling liberated after all these years of wondering.... could use some advice if anyone has battled with their employer over discrimination over aspergers...
I’m not sure what stage you’re at, but if the organisation refuses to address the matter, the person with the disability can make a complaint to the Australian Human Rights Commission. If the Human Rights Commission deems the complaint to be worthy of investigation, it issues a ‘please explain’ to the organisation being complained about. This can be a long process (I have heard that it can take 12 weeks).
There are free legal services set up around the country to advise you as to your complaint, to help you prepare your complaint and to provide legal support through the process.
If the complaint has not been resolved at this stage, the Commission holds a conciliation hearing with the parties. This is the last step before the case goes to the courts. Unfortunately, the Commission no longer has any power to make rulings or enforce the law in these meetings. If one party is, for example, an organisation that has considerable financial means at its disposal, it can simply play games at a hearing, with no intention of trying to resolve the issues. However, I understand that the courts look very poorly upon parties who do not approach the conciliation process in good faith.
The only other piece of advice I can give you is that you need to be prepared that the other party may say very nasty things about you. They may, for example, try to discredit you by arguing that your having Asperger’s means you are mentally unstable and worse, even if there is not a skerrick of evidence to support this.
Good luck with it. Disability discrimination is a terrible thing, and unfortunately, all too common. I’m currently beginning the court process, and am looking forward to the details of my case becoming public.