Trying to find case study for autism workplace lawsuit.

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SoftwareEngineer
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09 Apr 2014, 6:26 pm

Hi Folks,

I'm doing some research and would like to find one or more good examples of lawsuits having to do with workplace discrimination or harassment of autistic people. In particular, some having to do with the Americans with Disabilities Act would be great. Does anyone have any suggestions?

Regards,
Rob



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09 Apr 2014, 10:01 pm

On the ADA website are some enforcement actions for discrimination complaints:

C.C. v. Cypress School District -- On June 10, 2011, the Department filed a Statement of Interest in the U.S. District Court for the Central District of California in support of the plaintiff's motion for a preliminary injunction. The plaintiff is a seven-year old boy with autism who uses a service dog and was denied the right to bring the dog to school. His motion sought to require the school district to let him use his service dog at school while the case is pending. In its brief, the Department explained that the school must make reasonable modifications to its rules, policies, and practices to avoid discrimination against this student. On June 13, 2011, the court granted the boy's motion and issued an opinion that agreed with the Department's position.

Beginning Montessori Academy -- On May 17, 2011, the Beginning Montessori Academy in Baldwin Park, California, entered into a settlement agreement with the Department resolving a complaint that the private preschool had refused to re-enroll a child with autism. The school agreed to adopt nondiscriminatory policies, provide training to the teacher directly responsible for any enrolled child who has been diagnosed with autism, and pay the complainant $5,000 in compensatory damages.

Beach Babies Learning Center -- On June 28, 2011, the Beach Babies Learning Center in Old Saybrook, Connecticut, entered into a settlement agreement with the Department resolving a complaint that the center had terminated a two-year old child's enrollment after he was diagnosed with autism. The school agreed to adopt nondiscriminatory policies and post them at its facility and on its website and pay the complainant $7,431 in compensatory damages.

source, http://www.ada.gov/aprjun11.htm



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09 Apr 2014, 10:07 pm

Thanks! Have you seen anything that had to do with an autistic person being harassed or discriminated against by an employer, manager, or coworker. I wouldn't be surprised if you haven't.



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09 Apr 2014, 10:11 pm

It sounds like you want to poke around the EEOC website .. here are couple of cases I found

1. EEOC v. CEC Entertainment, Inc. (jury verdict 2000)

The Commission alleged that CEC Entertainment, Inc. intentionally discriminated against Donald Perkl by terminating his employment because he was disabled.

Perkl was hired to perform janitorial tasks at a Chuck E Cheese restaurant. Perkl had intellectual disabilities (referred to in the opinion as “mental retardation”) and autism, and was nonverbal, communicating through the use of picture cards. He worked with the assistance of a job coach, who taught him the tasks that he was expected to perform. When the district manager came to visit the establishment, he inquired as to who Perkl was. The manager responded that Perkl was a mentally ret*d man who she just hired. The district manager then ordered her to fire Perkl. The manager testified that the district manager told her that it was the employer’s policy not to hire “those kinds of people.”

http://www.eeoc.gov/eeoc/history/45th/a ... _cases.cfm

2. Randstad US Sued by EEOC for Disability Discrimination

Federal Agency Charged Qualified Candidate Was Denied Job Because of Asperger’s

According to the suit, Randstad US, LP failed to hire Jason O’Dell because of his disability, Asperger’s syndrome, an autism spectrum disorder. Based on his qualifications for the lab technician position he sought, Randstad had originally fast-tracked O’Dell’s participation in the hiring process. While completing Randstad’s hiring paperwork, however, O’Dell disclosed the disability. Soon after, he was told that the lab technician position had been put “on hold.” O’Dell was not hired and Randstad continued to recruit and hire for the lab technician position.

http://eeoc.gov/eeoc/newsroom/release/5-13-11.cfm



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09 Apr 2014, 10:21 pm

Outstanding! I'm a new author and advocate. But, I was only recently diagnosed, so I really don't know my way around the disability world yet. I'll PM you with a link to a radio interview with me discussing corporate politics - you will understand where I am headed. I already posted the link, so I don't want to violate the WP multiple posting rule. Thanks again!



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06 Dec 2014, 2:23 am

I would like to know why before I answer. I am such a person.


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