Autism, Employment and Neurodivergent discrimination

Autism #Discrimination | Case Files on REAL Employment Tribunals
Recording date: 1st September 2022
For more information on Workplace Needs Assessments, please visit this link: exceptionalindividuals.com/ca...
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About this event
#AUTISM DISCRIMINATION is a webinar by Exceptional Individuals that discusses how REAL Employment Tribunals on autism discrimination in the workplace have gone.
What problems can arise at work for autistic employees?
Given the nature of the condition, it is easy to see that an autistic employee may encounter problems in the workplace, particularly if their managers either don’t know they have ASD or don’t understand the nature of the condition.
For example, an autistic employee may misunderstand a tasks, hence missing deadlines, as well as make mistakes with their work which could cause problems for co-workers or damage the reputation of the business.
What would count as discrimination?
But how would they play out in court?
Chapters
00:00 - Introduction of Exceptional Individuals
00:46 - About Us
01:19 - The Competitive Dyslexic Entrepreneur webinar
02:23 - Autism Spectrum Disorder (ASD)
05:24 - How many people are thought to have ASC?
06:34 - Are certain groups more likely to be autistic?
08:33 - Can you stop being autistic?
10:07 - True or False?
14:29 - Equality Act 2010
15:51 - Employee discrimination: Have you ever felt discriminated?
17:44 - Reasonable Adjustments
22:41 - Compensation for disability discrimination
26:30 - What do you think an employer's duty to reasonable adjustments should be?
29:10 - What if my autism isn't 'severe' enough to be a disability?
35:18 - Analyst wins discrimination claim
39:11 - Tips you would give employers managing autistic employees
42:21 - Top tips
43:32 - Workplace Needs Assessments
45:16 - Any questions?
48:53 - Dyslexia in the Workplace webinar
49:24 - Exceptional Individuals KZbin channel
50:06 - Online Neurodiversity Tests
50:38 - Connect with Us
51:09 - End Screen
T Sherbourne N Power Tribunal PDF: bit.ly/3qD7Geg
Exceptional Individuals Online Neurodiversity Tests: exceptionalindividuals.com/ca...
Lower thirds by Minna Picture from Adobe Stock: stock.adobe.com/uk/search?k=l...
Music: Feelin Good Kevin MacLeod (incompetech.com)
Licensed under Creative Commons: By Attribution 3.0 License
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Our website: exceptionalindividuals.com/
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[@jeffknowlton5200]

An employee with autism probably have a smaller margin for error due to a manager looking for a reason to get rid of that employee with autism

[@ExceptionalIndividuals]

Thanks Jeff, it is concerning that employees with autism may face a smaller margin for error because of managers potentially seeking reasons to dismiss them. This unfair treatment can create a hostile work environment and contribute to discrimination. It is crucial for employers to foster an inclusive and supportive workplace that values the contributions of all employees, including those with autism. Discrimination based on neurodiversity should not be tolerated, and efforts should be made to promote understanding, provide reasonable accommodations, and ensure equal opportunities for individuals on the autism spectrum.

[@Christ_Is_Life10-10]

Absolutely! Exactly what I have been experiencing for the past 30 years.

[@theinudemon]

@@ExceptionalIndividuals Sadly I found most employers that claim to be equal opportunity employment are lying. I have autism and other health issues. For example I have chronic lower back pain, so standing is hard on my back. A ton of jobs require standing for extended periods of time.

[@michaelstimpson1137]

Yes I have too, also for 30 years. Have been on the waiting list for an autism ADHD assessment for 3 years.

[@Christ_Is_Life10-10]

@@theinudemon I think many employers are EOE and used mission statements that they don’t follow. Also employee handbooks who claim to have an open door policy and no retaliation policy are b.s. this is a ploy to identify “problematic employees “ and they can take proactive measures to discredit us by documenting every little thing we do “wrong”.

[@plantstho6599]

I got fired from 3 jobs this year. I did nothing wrong. I always knew I was different, but didn't know how. Just learning of all my autism traits this year. 2 of the 3 jobs were misunderstandings, I think. But 1 was absolutely discrimination. I don't know what the heck to do. Can't afford legal representation because I can't hold a job. Plus I would rather keep saving for retirement. Seriously, there needs to be more help with this. It's insane!

[@ExceptionalIndividuals]

I'm sorry to hear about your struggles. It can be incredibly challenging to navigate the workplace when misunderstandings arise, especially when related to neurodiversity. It’s important to know that in many places, there are legal protections for individuals with autism and resources available to support you. Look into organisations that offer advocacy or legal aid for those with disabilities. They might provide assistance or representation at low or no cost. Also, consider seeking employment support from organisations that specialise in helping neurodiverse individuals find and maintain employment. Remember, you're not alone, and there are avenues out there designed to help you.

[@Christ_Is_Life10-10]

Sad to hear about your employment discrimination. Did they talk to you first or give you warnings? I think training is generally poor and they have not taken time yo get to know us to understand what our needs are. I know I have a 2-3 month’s adjustment period which is not abnormal. But the expectation is to start off performing just like team members who have been employed for alike.

[@plantstho6599]

@@Christ_Is_Life10-10 The problem was, as far as I can figure, that the owner of the business was just an ignorant bigot. I was having a hard time because I had just lost another job the week before. And this other job was only 1 day a week. I asked the owner if there was any other work I could do because I was in need. Told her about my recent learning of my autism and was fired on the spot. Soon as I can get a diagnosis, I'm going after a settlement, if nothing else. Although it was only a 1 day a week job. I'm not sure if it will be worth it. But I will be looking into it.

[@ExceptionalIndividuals]

I'm sorry to hear about your difficult experience with your previous job. Discrimination based on autism or any other disability is unacceptable, and seeking a settlement or legal action may be a valid course of action if you believe you were wrongfully terminated due to your autism diagnosis. It's essential to consult with legal professionals who specialise in employment discrimination cases to understand your rights and options. Discrimination against individuals with disabilities is against the law in many countries, including the UK, where reasonable accommodations should be made to support employees with disabilities.

[@shoheiohtaniofficial]

​@@plantstho6599good luck, and fuck anyone that bigoted

[@HVAC_Sean]

28:29 I disagree, I think not holding hiring managers/HR accountable for their use of these pre-employment personality tests is a failure. They must be held accountable for their actions or they will never go away. You must understand that working, in the U.S., is not optional. Any discrimination in the employment process is LIFE THREATENING. Do not be so cushy with these hags.

[@ExceptionalIndividuals]

Thanks for your comment, I agree holding hiring managers/HR accountable for their use of pre-employment personality tests is crucial to combat discrimination and ensure fairness in the hiring process.

[@michaelstimpson1137]

This is really good thanks. I work in healthcare, I struggle because I have a clinic load of 20 patients each day. Neurotypical colleagues struggle and I sometimes miss writing patient notes or forget to place prescriptions. I asked for adjustments and got 2 20 minute blocks, but now the company has accepted that the work load was too high so made those adjustments for everyone. Our UK association says that maximum number of patients per hour should be 2, that's for neurotypical people, so it's not surprising that I drop the ball a couple of times a week. The company doesn't seem to have an autism policy.

[@ExceptionalIndividuals]

It's great that your workplace has acknowledged the need for adjustments, even if there's no specific autism policy yet. Balancing a heavy workload with neurodiversity can be challenging. For more support and resources related to working with autism, you might find Exceptional Individuals helpful. They offer events and information that could provide insights or connect you with others who have similar experiences. Check them out at www.eventbrite.co.uk/o/exceptional-individuals-12111155769. Sharing experiences and strategies with others in similar situations can be incredibly valuable.

[@Dancestar1981]

We are the most discriminated against group in society

[@ExceptionalIndividuals]

It's disheartening to feel like your group is facing significant discrimination. It's crucial to raise awareness and work towards a more inclusive society. For support, resources, and community engagement, you might find the events and information provided by Exceptional Individuals helpful. They focus on neurodiversity and might offer useful insights and support. You can learn more at www.eventbrite.co.uk/o/exceptional-individuals-12111155769. Remember, every step towards raising awareness and understanding makes a difference.

[@eScential]

Late diagnosed have a strong tendency, almost systematic, eradication of any diagnosed under exacting DSM requirements before 1980s or 1950s etc and rewriting history and personal life experience. Same for all aspects of reality i suppose, but when will someone see the ridiculousness ? Everyone is taught they have a right to dictate total milieu of every individual and demand conformity with evershifting connotation clouds. I just want freedom to breathe as me. That is impossible in this atmosphere of eradicate all to be 'fittest' item left breathing.

[@ExceptionalIndividuals]

Hi @eScential, Your comment touches on the challenges of late diagnosis and societal expectations. It's true, diagnostic criteria have evolved, and this can impact how people understand their past experiences. The pressure to conform can be overwhelming, especially when you're just trying to be yourself. Recognizing the value of individual differences is key. Everyone deserves the freedom to be their authentic selves without the pressure to fit into a constantly shifting societal norm. Keep breathing as you, that's important.

[@MrAndywills]

I am autistic. I don’t like person with autism (PFL). I feel PFL (person first language) is discriminatory. And it is a disability in this society. Disability is not a dirty word. Being autistic/neurodivergent is not something to be shameful.

[@ExceptionalIndividuals]

Hi there! It's important to respect how people choose to identify themselves. Some prefer identity-first language like 'autistic person' because they see it as an integral part of who they are, not something separate. You're right, 'disability' isn't a bad word. Embracing neurodiversity, including autism, is about acknowledging and valuing different ways of thinking and being. Thanks for sharing your perspective!

[@jacobwhite9961]

hey, i work for a care home. as i work with vonerable people i fear if i get diagnosis of not only autism and other things i suspect i have i may lose my job which i really enjoy can can do despite my suspected conditions. i don't know if it is worth the risk of losing a job that gives me good pay and hours (for my working ability) as well as being enjoyable. should say i am not a carer i work in the kitchen and do a few other jobs around the care home however i do regularly interact with the residents

[@ExceptionalIndividuals]

It's understandable to be concerned about disclosing a diagnosis of autism or other conditions while working in a care home. However, there are legal protections in place to prevent discrimination based on disability. Speaking with a disability advocate or HR representative at your workplace can help you understand your rights and options. Remember that having a disability doesn't necessarily preclude you from doing your job effectively, and there may be resources available to help you.

[@jacobwhite9961]

@Exceptional Individuals ok thank you for telling me. My concern was while I can do my job effectively they wouldn't want to take the risk. This does actually increase my encouragement to get a diagnosis

[@ExceptionalIndividuals]

@@jacobwhite9961 It's great to hear that my response was helpful to you, and that it has increased your encouragement to get a diagnosis. It's important to remember that having a diagnosis can be beneficial in many ways, such as providing you with a better understanding of your strengths and weaknesses, and helping you to access the support and accommodations you may need in your job and other areas of your life.

[@jasminemayy]

i love this channel sm

[@ExceptionalIndividuals]

Thank you :D

[@HappyHoney41]

I got written up once on an annual review... for my hand writing. I have dyspraxia. Neither my boss nor I knew at the time I had dyspraxia... and that's hilarious. I laughed my backside off, along with my boss; when he gave me that review. I still find that funny. (That's probably from the undisclosed to me ASD. I didn't know I had dyspraxia either, just thought I was uncoordinated and bad at everyday things others seemed to do so easily.) I don't see that as discrimination. It was the standard practice at the time, for upper management to have to find SOMETHING for every lower level manager. That way they have something on record, to support if later they wanted to fire you for something else. Not discrimination; just standard corporate BS. I knew that. He knew that. It's still funny.

[@ExceptionalIndividuals]

@HappyHoney41 Thank you for sharing your story! It's great to hear you can look back and laugh at that situation. It's amazing how much perspective can change once you understand more about conditions like dyspraxia and ASD. Your positive outlook and ability to find humour in the situation are truly inspiring. Corporate practices can sometimes be frustrating, but your approach to dealing with it is commendable. Thank you for shedding light on your experience and bringing some humour to the conversation!

[@Black.Sabbath]

What if I feel I'm being discriminated against at work in the UK because of autism but I don't have a diagnosis and employer doesn't know (but I have reason to believe they knew I had it)?

[@ExceptionalIndividuals]

Sorry to hear you're facing this issue. In the UK, the Equality Act 2010 offers some protections against discrimination based on disabilities, including autism. However, a formal diagnosis might strengthen your case. If you suspect your employer already knows, documenting instances of discrimination can help. Consult a legal expert for specific advice. Source: Equality Act 2010, UK Government legislation.

[@felixoupopote]

This is every job I've ever had.

[@Black.Sabbath]

@@felixoupopote What happened?

[@turtleanton6539]

Very good video 😊😊😊

[@ExceptionalIndividuals]

Thank you ^_^

[@E.Pierro.Artist]

Saying a.s. condition, instead of disorder, has the effect of minimizing the actual challenges faced by autistic people. Please don't do that. Also, in USA, if a disabled person says they need accommodations, the bosses and the company must cooperate in good faith in an interactive process to find accommodations that work on both ends, and it is an ongoing process. -another autistic person

[@railfantrainman1000]

I'm sure a lot of this could aply to people outside of the UK. I'm in Canada...never been to the UK.

[@ExceptionalIndividuals]

Absolutely, many of the issues discussed are universal and not limited to the UK. Whether it's neurodiversity, mental health, or societal attitudes, these are global concerns that resonate across borders. Thanks for pointing out the broader applicability! 🌎 Nat

[@jfern4813]

Do you have any solicitors that can help in neurodivergent tribunal cases? Pro bono?

[@ExceptionalIndividuals]

There are several organizations in the US that offer pro bono or low-cost legal services for neurodivergent individuals facing discrimination in the workplace or in accessing education. Here are a few options to consider: Disability Rights Legal Center - a non-profit organization that provides free legal services to individuals with disabilities in the US. They can help you navigate disability discrimination cases in the workplace and in education. Public Interest Law Initiative - a non-profit organization that helps connect pro bono lawyers with individuals who need legal assistance in disability rights cases. National Employment Lawyers Association - a professional organization of lawyers who specialize in employment discrimination cases, including those related to neurodiversity. American Bar Association's Commission on Disability Rights - a resource for individuals seeking legal assistance with disability rights issues, including information on finding pro bono or low-cost legal services. These are a few options to consider, but it's always a good idea to research and compare different organizations to find the one that best fits your needs.

[@jfern4813]

@@ExceptionalIndividuals thanks but I'm in the UK. I thought you'll were too?🤔

[@ExceptionalIndividuals]

Hi, yes we are a UK company, we just went a lot of US people comment on our videos - my bad!

[@ExceptionalIndividuals]

For the Uk, you can search for solicitors who specialize in neurodivergent tribunal cases in the UK through legal directories and websites such as The Law Society, Chambers and Partners, and Avvo. You can also reach out to legal aid organizations and pro bono legal services to see if they can assist you.

[@michaelstimpson1137]

I don't think you need a solicitor, don't go pro bono. You can do some of the work yourself. You can open a claim with the tribunal for free and they handle negotiations. I raised a case against my previous employer for discrimination. I used a union representative to help. I wasn't in the union. The rep worked for me for an hourly rate. It cost about £300. I went to castle associates in Nottingham UK. It you go to a solicitor they'll either want a few thousand up front or they will take all of your proceeds if you win the case. You'll be left with very little. Employers nearly always settle out of court, like the lady in the MOD case they waited until the day before the trial to settle. No company wants to go to court. It makes them look bad and it's harder for them to win contracts.

[@Black.Sabbath]

30:00 30:41

[@MrAndywills]

#proudlyautistic. Diagnosed at 49 (ADHD at 47). Do you do talks with autistic groups?

[@ExceptionalIndividuals]

We do sometimes. please email us :)

[@drfill9210]

"Gotta update this"🤣🤣

[@s0cializedpsych0path]

An "agreed upon" term for Autism, seems like a silly idea, considering how unique every case is. It implies that if you describe yourself with semantically different words, then "you must mask here." Side note: You hear a lot lately about how women are not getting properly diagnosed with Autism, because "its only approached from the male perspective" (which is true), but you don't hear any women complaining about their underrepresentation in the area of NPD or AsPD, because only the male presentation is described by the Dx criteria in the DSM-V (which is also true). Why could this be?🤔 I see this as a recognition of our superiority, unintended though it may be.

[@ExceptionalIndividuals]

Hi @s0cializedpsych0path, You're right about the uniqueness of autism making a single term limiting. The issue with women's autism diagnoses stems from male-centric criteria, not superiority. It's similar with NPD and AsPD - it's about gender biases in diagnosis, not recognition of superiority. Both cases show we need more inclusive diagnostic approaches.

[@s0cializedpsych0path]

@@ExceptionalIndividuals that was a joke... I was being tongue in cheek. Maybe it didn't come across well. Sorry.

[@ExceptionalIndividuals]

No worries! It happens to the best of us. Humour can be tricky to convey online sometimes. If you have any questions or want to discuss anything related to neurodiversity, feel free to ask. 😊