A reminder to all of you diagnosed have ADA coverage.

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hidingmyusername52
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04 Nov 2012, 10:19 pm

This means that your work CANNOT fire you for reasons related to your disorder, and you do not have to provide proof of diagnosis to get this coverage. The americans with disabilities act means that they can only move you into a different position with an equivalent pay grade IF they find you incapable of doing your current job because of reasons related to your disorder. They may NOT:

-fire you for reasons related to your disorder

-deny you an advocate

-take disciplinary action against you without explanation and due cause UNRELATED TO YOUR DISORDER.


Disclaimer: I am not a lawyer. However, I think it's very, very important that everyone here understand their rights. You DO have rights as granted by the ADA. Exercise them.



Radiofixr
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04 Nov 2012, 10:34 pm

I just hope they do not make things up to use against me to get rid of me because how dare I get one over on the HR department and they hired a less than perfect person-if they want to they can fabricate a reason not associated to my diagnosis to get rid of me.


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Fnord
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04 Nov 2012, 10:37 pm

"Sorry ... but your department has been outsourced due to contract renegotiations. You may collect your severance check at the front desk. Have a nice day!"

How does the ADA cover that?


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hidingmyusername52
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04 Nov 2012, 10:38 pm

Actually they cannot. It's pretty hard to fire someone with ADA coverage, because they know that if they refuse to make accommodations, you could sue. For that reason HR departments will usually try pretty aggressively to not attempt to fleece people with ADA coverage, lest firing them be labeled retaliatory.



hidingmyusername52
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04 Nov 2012, 10:38 pm

Fnord wrote:
"Sorry ... but your department has been outsourced due to contract renegotiations. You may collect your severance check at the front desk. Have a nice day!"

How does the ADA cover that?


That's being laid off, not terminated.

"Sorry, we don't think your social skills are up to snuff, so we're letting you go" is an example of something that would be covered under the ADA.



ghoti
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04 Nov 2012, 11:47 pm

In these times, is this another reason they won't hire us? As they want to pre-emptively want to deny us of our rights?



hidingmyusername52
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05 Nov 2012, 12:23 am

Don't disclose until AFTER you are hired. They can deny you a job and say it was for other reasons, but they CANNOT fire you for not disclosing prior to hiring.



thewhitrbbit
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05 Nov 2012, 12:55 am

There's one word you missed that is of critical importance.

"Reasonable"

Accommodations must be reasonable.

What does reasonable mean? I sat through a 90 minute presentation from a top lawyer about technology in the educational fields and how the ADA impacts it, and it's still a case by case basis.

You do have rights under the ADA though, and you should be aware of that. Unfortunately, the ADA has brought along some problems too that have made employers scared to hire. Amoung them:

1.) "Recovering" dope addicts who get hired, and then become deadbeat employes that can't be fired because of the ADA. King of the Hill did an episode on this, I can assure you it's based on real life.

2.) Professional Plaintiffs. People who do have real disabilities, but aren't interested in getting a reasonable accommodation to do an honest days work. These people's only goal is to push and push until they can sue.

3.) Legit bad employees who have a disability but are just bad. They aren't trying, they aren't doing their jobs, it's not really their disabilities fault

I actually have on my list to read, a study that showed that hiring of disabled people has gone down since the ADA was passed, because employers are less willing to take a risk on someone because under the ADA, if they take a risk and it doesn't work, they can't get rid of the person.



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05 Nov 2012, 12:59 am

^Part of the reason why I will never "come out" as an Aspie. Employers and their lawyers are more adept at finding ways around ADA as slackers are at finding ways to exploit it.

Both groups suck.


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MrObvious
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05 Nov 2012, 9:12 pm

+1. I don't want to get diagnosed either for those reasons. I'm okay with ADHD because people with that can function at a job and it's not so bad, but autism has a stigma.