Can an employer cite issues on an employee that are due to a condition?

[Deja Q]

It's not really an illness because this has affected me my entire life.

I have a pervasive developmental disorder called "Asperger's Syndrome". My latest review has pinned me on several issues which directly relate to Asperger's.

They want me to change my entire personality into what they want within four months and have even said "To be allowed to continue working here...". I've tried changing before and it has not worked. I should say the deadline is 4 months from now but they will respond more quickly if they see no signs of change.

Should I be looking for another job at this point?

Obviously I will try to improve as I often do, but this time I am truly "down in the dumps".

[China_cat]

1. Time for a medical certificate to land in their laps

along with the possibility of a suit through the ADA.

[MsAnthropy]

2. I'm no lawyer, but I think you have a case

Facts About the Americans with Disabilities Act

Title I of the Americans with Disabilities Act of 1990, which took effect July 26, 1992, prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment. An individual with a disability is a person who:

Has a physical or mental impairment that substantially limits one or more major life activities;
Has a record of such an impairment; or
Is regarded as having such an impairment.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:

Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
Job restructuring, modifying work schedules, reassignment to a vacant position;
Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

MEDICAL EXAMINATIONS AND INQUIRIES
Employers may not ask job applicants about the existence, nature or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer's business needs.

DRUG AND ALCOHOL ABUSE
Employees and applicants currently engaging in the illegal use of drugs are not covered by the ADA, when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the ADA's restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.

EEOC ENFORCEMENT OF THE ADA
The U.S. Equal Employment Opportunity Commission issued regulations to enforce the provisions of Title I of the ADA on July 26, 1991. The provisions originally took effect on July 26, 1992, and covered employers with 25 or more employees. On July 26, 1994, the threshold dropped to include employers with 15 or more employees.

[Orsino]

3. Better hurry, too...

The days of protecting workers from corporate greed are coming to an end. You don't want to live under any precedent likely to be authored by Roberts or Miers.

[Deja Q]

4. Thanks EVERYONE

Once I get the final paperwork in my hands, I will respond.

I'd rather not have to do any of this, but with all of the stories I have heard about other workers being given rough treatment (combined with a non-related issue of my own that my friend who is seeking legal help on similar employment issues says is illegal), combined with how the documentation was written (my boss was far kinder in voice than he was on paper), I am compelled to respond at this point.

[CBGLuthier]

5. Start cultivating a career in self employment

As a fellow sufferer it will never ever be easy so do everything you can to find a way to make a living without having to work for or even with someone else.

I have worked for myself for 5 years now and even though it is rough I know I would probably shoot myself in the head before I could ever work for someone else again.

As to your question I am not sure if it is yet accepted enough to be covered under any laws such as the americans with disabilities act.

Hell, even though it has been around as a concept for a long time they didn't start diagnosing it until the 80s and 90s. Too late to have done me any good. :-(

All that said, it can get easier and working on social graces is harder than shit but practice does improve your interactions. The fact that you know why you are the way you are is a big help. I believe we should be allowed to be ourselves but I also realize just how bad I can be.

[Deja Q]

6. I don't even mean to be so defensive or taking things personally so often.

But they're using it against me and how the hell can one overturn 30+ years of being shaped into a defensive person around?! I've tried before, even with those who know and love me the most.

[CBGLuthier]

7. Wish I could tell you, I really do

Me, I stayed stoned for 25 years but that gets old after a while.

You just have to train yourself to slow down your reactions. Don't overanalyze things. Just smile and nod and swallow back your first thoughts.

Later, when no one is around, a little screaming and pounding of fists can help. Just don't over do it. Some of my knuckles will never be the same. :-)

I also have developed a perspective that allows me to (most of the time) realize that a hell of a lot of people on this planet have it worse off than I have ever had. Contemplating that fact can be calming. More often than not anyway.

I am in my mid forties. It does get a little easier as you get older. The trick is to not be too screwed by yourself by the time you are able to make adjustments.