Disability Discrimination Act
This act in the UK serves us to some extent and Aspergers is considered a disability here.
I feel it does not serve me well enough and I feel I need stronger legislation. The best I can do it seems is take a company to tribunal and seek monetary compensation. This, and proving that any such discrimination was because of my Aspergers, is so hard to prove and I really could do with the right to representation.
Also I don't want monetary compensation, I want the discriminators to be forced not to discriminate in the first place.
Also, for tribunals, get rid of the 3 month rule and the 1 year rule. Thus if a company has mistreated me because I had Aspergers I should have the right to:
- Make a claim against them now, even if this happened more than 3 months ago. I would like to take action against companies I worked for 7 years and 5 years ago respectively. I was wronged and should be recompensated.
- Should be able to claim against unfair dismissal even if I hadn't worked for a company for a year.
- A claim against unfair dismissal should allow the tribunal to force the company to give the employee their job back, not just give them money. However I think for this a 3 month period is reasonable, i.e. the person should have to ask for their job back right away.
- I should also have the right to take action against others who discriminate, for example a club that denies me membership because of my condition.
All this is going to do is force companies (at least smaller ones) to avoid posting jobs entirely and hire only through their network where they know who the canidate is prior to the interview. Seriously, there is no law that can be passed that can force an employer to hire someone they do not want.
I have heard of a major radio personality in the USA that actively disciminates based on marital status and religion. The personality gets away with it because they only hire based on recommendation from friends and families through their network, one in particular is church.
Simply put, the best way to ensure employment of aspies is to educate the public about AS and where such a person would be an asset to the company.
I notice that you say "Disability Discrimination Act" in the singular. Do you know that the 1995 Act has been amended/superseded by the 2005 DDA? The updated legislation removed the old caveat that mental conditions have to be "clinically well-recognised". It also introduced the "General Duty" which goes beyond individual reasonable adjustments. From what I have read of the General Duty, I think it can reasonably be inferred that disability awareness must be factored into the general working environment, policies and procedures. I don't think there is much awareness about this legislation because, surprise surprise, it doesn't suit employers to have their workers knowing about it. Consequently, I think there is also a lack of case law to date. Check it out.
They are not interested though in working out a role for you, they have in mind before you join exactly how they want you to fit in and expect you to be exactly that person.
The simple matter is that they can fire you because you have Aspergers and all they have to do is pay you off.
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