Disclosure Part 1: Legal Protection from Discrimination

Some ideas about disclosure were brought up in various threads here over the weekend. Disclosure, telling someone you've been diagnosed with an ASD, can in some situations be a literal life saver--and may in other situations create extra problems. Even taken just from the self-advocacy side of autism issues, disclosure is too big and too important to address suitably in a single post, so I'm going to do a short series on disclosure throughout the week. First, disclosure in relation to discrimination protection in the U.S.

Last week a California appeals court dismissed a disability discrimination case by an employee with an AS diagnosis who had been called "Rain Man" by his employer. The article cites one of the reasons why the case was dismissed,

...the fact that Smyth called Jones the nicknames didn't prove that the real motive for failing to promote Jones was because he was perceived as disabled. Specifically, at the time Jones was denied the position, neither he nor the company knew he had Asperger's...

The article comes from a site geared toward employers, but I would add that there is a "what to remember" for self-advocactes as well: If you want ADA protection from workplace discrimination, disclosure, at least to HR, is necessary.

Things didn't turn out well for Jones in the story referenced above, but some people on the spectrum have been more successful in winning discrimination-related suits, for example here's a woman who won a firing-related discrimination case. And here's a man who won a bullying-related discrimination case.

The ADA folks have put out a pretty readable FAQ on ADA Access and Rights that has a whole section on employment and how get protection from employment discrimination--including who you need to disclose to and what needs to be disclosed.

Similar disclosure and protection rules apply in postsecondary education. The Department of Education's document on postsecondary transitions does a good job of covering disclosure and its relationship to law including Section 504 and Title II of the ADA. The document Auxiliary Aids and Services for Postsecondary Students with Disabilities includes even more detailed information regarding accommodations.

There are probably other good resources out there related to disclosure and legal protections from discrimination--please share resources in the comments if you've got 'em!