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CowboyFromHell
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29 Sep 2008, 12:09 am

Not technically a question of work rights, but more about discrimination.

Do I have a case in filing a lawsuit of discrimination, if I am repeatedly accused by my bosses of doing wrong, when I am in fact doing nothing wrong yet co-workers get the turned cheek and blind eye, when my union can not help the matter?


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LostInSpace
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29 Sep 2008, 11:43 am

You'd have to prove that there actually was a difference in the way you were treated, and that it was due to AS. That might be tough to do. Your boss would probably argue that you were being chastised for actual mistakes. You'd also have to prove that your co-workers were not being punished for doing the same thing. Are your boss's reactions affecting promotion or bonuses, or are they just unpleasant? If the latter, I doubt you have a case. Having a boss who is overly strict or harsh with you isn't generally something you can sue over.

Bear in mind, that if you try to sue, whether you win or lose, you'll probably have to leave your job because the work environment would become unbearable after you angered everyone you work with. So unless you either need the money or just really want to make a point, I would seriously reconsider.


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Tahitiii
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29 Sep 2008, 12:44 pm

Constructive discharge #9
http://www.lawmemo.com/101/2005/12/constructive_di.html

You might have a case. The problem is in proving it.
That part is difficult for anyone.
With my communication limitations, I wouldn't even try.

Why can't the union help you? I would think that's their job.
How much are you paying them?
Do they seem to get the concept of Asperger's?

Boston Market case
http://www.eeoc.gov/litigation/settleme ... 10-05.html



Fnord
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29 Sep 2008, 12:55 pm

It is likely that your boss has a head-start on documenting your alleged mistakes, so documenting his alleged discrimination might take more of your time and effort away from your job.

Update your résumé and start looking... :(


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