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Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
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Alison
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Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
From the Care2 website; this certainly sounded familiar, particularly that bit about note-taking.
Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
posted by: Kristina Chew 2 days ago
The U.S. Equal Employment Opportunity Commission has filed a lawsuit charging that the employment services and placement referral company Randstad US, LP, failed to hire Jason O'Dell because of his disability of Asperger's syndrome, an autism spectrum disorder. According to an EEOC press release about the suit:
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.
The suit (Case No. 1:11-cv-01303-WDQ), which was filed last month, charges that the Frederick, MD company violated the federal Americans With Disabilities Act (ADA) act, which makes it unlawful for anyone to discriminate against someone on the basis of their disability. The EEOC first sought to reach a pre-litigation settlement with Randstad through its conciliation process. On behalf of O'Dell, the suit sought "monetary and injunctive relief, including back wages, compensatory and punitive damages as well as employment policies to eliminate future discrimination because of disability." Explaining why the EEOC took up O'Dell's case, Regional Attorney Debra M. Lawrence says:
"We brought this lawsuit because of Randstad's dismissive treatment of Mr. O'Dell based on its apparent presumptions about individuals with disabilities and their ability to be productive employees. It is exactly this type of prejudicial and stereotypical decision making that the ADA aims to eradicate."
With more individuals with Asperger's syndrome and individuals on the autism spectrum attending college and seeking to enter the workplace, the EEOC's suit on behalf of O'Dell is significant. Indeed, there are many reasons that employers should want to hire individuals on the autism spectrum. As Asperger's On the Job wrote regarding Asperger's and Employment:
If you are worried about the aspie employee doing a good job without supervision, you needn't bother. Our motivation, if we like our job, comes from within. If you ask me to mow your lawn, paint your wall, or perform brain surgery, I will do the best job possible, as long as it is within my skill set. I do not need big brother watching me, and scrutiny, rather than helping me, makes me shut down. I need to know what you need and when you need it by. If detailed instructions are required, I'll write them down. I've heard of employers mocking aspie employees for extensive note taking. Ridiculous. It is how our minds work. I also require visual maps to know which way to turn when I come out of a building. Even if I go to that building frequently. It doesn't make me stupid. Just different.
If you have a co-worker or employee who is different, who has Aspergers or you suspect may, read about it. Take the time. Personally I think that autism sensitivity training should be mandated like sexual harassment training. But there's only 70+ million of us, so I guess that doesn't warrant it?
Certainly employers, including Randstad, might stand to benefit by such "autism sensitivity training." Go here for some more information about autistic people and the workplace.
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| 06-11-2011 03:13 AM |
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robexib
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
Specific sensitivity training for autism? I don't believe that to be needed.
Rather, sensitivity training on disability in general is a better idea. This leads to a more generalised form of understanding for those with disabilities, particularly those on the lower end of the spectrum, and for, one reason or another, those who cannot function well in society. Assistance, rather, should be available to both sides.
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Robert Gregor
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| 06-11-2011 03:24 AM |
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142857
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
I would never disclose my autism when applying for a job. Most employers wouldn't leave themselves this wide-open to being sued.
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| 06-11-2011 05:53 AM |
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tenaciouscj
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
I would never disclose my autism when applying for a job. Most employers wouldn't leave themselves this wide-open to being sued.
But if something goes bad later, they can come back at you and say you weren't honest with them.
It's easier to beg forgiveness than ask permission.
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| 07-06-2011 12:42 PM |
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robexib
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
Fine and dandy, but that wouldn't matter if disclosong your aspieness would prevent your hiring in the first place.
Aspie for Life,
Robert Gregor
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| 07-07-2011 05:26 AM |
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Genesis
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
I honestly don't know how this works..... even if looking for an occupation is difficult.
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This post was last modified: 07-07-2011 06:29 AM by Genesis.
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| 07-07-2011 06:29 AM |
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Aeolienne
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RE: Randstad US charged with discrimination for denying job to man with Asperger's
Ironically Randstad in the UK is the Open University's approved service provider for disabled students.
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| 02-23-2012 06:51 PM |
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League Girl
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
How exactly do you know someone else got the job for whatever reason? Is that an assumption someone makes when they don't get the job because they are never hired?
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| 02-23-2012 07:09 PM |
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jpoc
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
I would never disclose my autism when applying for a job. Most employers wouldn't leave themselves this wide-open to being sued.
I think that this depends on the person. I do not divulge my aspie status because I am so good at the game of pretending to be normal that even those NTs who are aware of Asperger's are unlikely to guess. An aspie who cannot pull that trick will be at a disadvantage in an interview but disclosure may well elicit a more understanding response from the interviewers.
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| 02-24-2012 07:52 AM |
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jpoc
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
...
But if something goes bad later, they can come back at you and say you weren't honest with them.
That is another argument for making sure that you avoid a formal diagnosis.
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| 02-24-2012 07:54 AM |
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robexib
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RE: Randstad US Charged With Discrimination For Denying Job to Man with Asperger's
No, if anything, it might be a good idea to get a formal diagnosis, depending on the situation. Really, it's easier to get help at a job or school when you have a disability on the record.
On the other hand, it can lead to situations like this, so take that with a grain of salt. :/
Aspie for Life,
Robert Gregor
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| 02-24-2012 09:44 AM |
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