Is there a class action lawsuit if a person with autism cannot get work when the unemployment is 80% for this group?

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Is there a class action lawsuit if a person with autism cannot get work when the unemployment is 80% for this group?

I have autism but the main hurdle is H.R. The system is set up on interviews on how well you can socialize not on your capability as a person. I feel this system is flawed and discirimination against people with autism. So do people have high functioning autism have class action lawsuit against major employers since with AS unemployment rate is 80% to 90%?

Asked on August 26, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Most likely, there would be no cause of action. It is not discrimination to not hire someone if he or she cannot do a job, cannot effectively work in the workplace (which includes being able to work with coworkers or supervisors), would disrupt the workplace's functioning, and/or would alienate customers. Unfortunately, "how well you can socialize" is a key element of most office work--you have to be able to work effectively with the rest of the team--and of any job that involves customer interaction. Therefore, a condition which impairs the ability to socialize does in fact usually provide valid grounds to not hire someone, just as the police or fire department are entitled to not hire anyone who cannot meet the physical demands of those jobs.


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