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ASPartOfMe
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14 Mar 2015, 3:40 pm

http://hr.blr.com/HR-news/Discrimination/Disabilities-ADA/Employee-Aspergers-Discrimination-wrongful-dischar#


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DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity

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Protogenoi
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15 Mar 2015, 3:32 pm

ASPartOfMe wrote:


Summary:

A custodian complains publicly about maintenance issues that could endanger students at a school. The administrators question him in a disciplinary hearing and he provides them with evidence that he has Aspergers but does not ask for accommodation. The administration decides to terminate him, but they can't because they gave him a very good rating during the annual performance appraisal.
They set up a variety of bogus claims against him to create a reason to fire him.
1. His first warning that he didn't follow the "chain of command" in regard to reporting things such as mold growing in the classrooms. He claimed to have never been notified about a "chain of command."
2. He received his second warning for not having "completed the task of snow removal." However, it didn't snow and so there was no snow to be shoveled.
3. He received his final warning for public profanity in front of a citizen and two children. Two other employees agreed as witnesses that he didn't use profanity or inappropriate language.

The school did not renew his contract with the reason stated as, "Your Asperger's got in the way of your ability to interact with your boss, and we are tired of it."


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Protogenoi
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15 Mar 2015, 7:25 pm

I think Bellerose is fairly lucky to be able bring this to trial. Most cases of legitimate discrimination probably don't get that far. The attitude of the employer does seem malicious.


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