Q: Can i file a lawsuit against my employer for not giving me any kind of lenience with being autistic?
So basically I work in retail and I'm autistic. I am being fired because I got upset that my manager was giving my mixed signals constantly on what i should do instead of telling me outright what i should do. which is something i have a lot of trouble with because i am autistic. she also has listened in on conversations with me and coworkers over the cameras and i didn't even know she could hear us in the first place. she has Also taken pictures of me without my consent in any way. there was absolutely no paperwork when starting this job, i just had to give her my bank acc number n all that so i can get paid. she is aware that i am autistic, but she still gets mad at me for forgetting to do one task while multitasking or having "my mind somewhere else" as she put it. i think it's just not a good situation for me but my boyfriend wants me to see if i can press charges lol
A:
When you have a disabling condition that makes it such that you cannot perform the essential functions of your job without some kind of reasonable accommodation, you need to place the employer on notice of your restrictions and provide suggested ways you could be accommodated so that you can perform those essential functions. Unfortunately, it is not enough to tell your employer you have autism and assume the employer knows what you need as a form of accommodation. There is nothing unlawful about an employer expecting that you will not forget things or having your mind elsewhere. Employers are allowed to expect employees to perform at a certain level of proficiency regardless of disability.
The other things you have complained about are not unlawful. Taking pictures of you in the workplace is not unlawful. Listening to you and watching you through cameras that you know are present is not unlawful. Not giving you a lot of paperwork at the start of the job will not give you a valuable legal claim.
Good luck to you.
A:
The short answer is that you should contact a lawyer who knows how to prosecute wrongful termination and discrimination claims or cases. If you are fired because you are autistic, then you most likely do have a good claim to pursue. You need the advice of a good lawyer to help you. You can do a simple Google search for discrimination lawyers near you, and then start calling until you find one who is willing to help you.
Do not delay because you will have to file a claim of discrimination with either the California Department of Fair Employment and Housing (DFEH) or the Federal government's Equal Opportunity Employment Commission (EEOC). You can find both agencies online and can even file your claim of discrimination yourself if you go to the DFEH website: just copy and paste this link https://www.dfeh.ca.gov/complaintprocess/
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