May 2011 JTPR Workplace Connection 1

Asperger’s Syndrome at WorkWhat Employers Need to Know – Part II

WORKPLACEConnection This insert is designed to share with employers to educate them about employment for workers with disabilities.

By Barbara Bissonnette

Asperger’s Syndrome is estimated to affect 1 in every 250 people in the U.S. As a result, chances are that employers are likely to

come into contact with workers with this disorder.For instance, an owner or high-level manager may

receive a call from a supervisor about an employee who is smart but doesn’t “fit in.” The employee in question usually has no idea that something is wrong. Interventions that do not match the unique way that these individuals process information will not work. In many cases, there are low-cost and even free ac-commodations that will enable an employee to meet performance requirements. A job coach or other sup-ported employment professional can help.

Last month’s article defined Asperger’s Syndrome (AS), and characteristics of workers with AS were also listed. The conclusion of this two-part article will de-scribe how AS relates to the Americans with Disabilities Act, and the importance of workplace accommodations.

Asperger’s Syndrome and the ADAThe Americans with Disabilities Act (ADA) says

that employers must provide equal opportunities to qualified individuals with disabilities. A qualified individual is someone who meets the employer’s requirements for education, skills, experience, and job performance. The ADA does not contain a list of specific disabilities. Instead, “disability” is defined as a physical or mental impairment “that substantially lim-its one or more major life activities” which can include “walking, seeing, speaking, breathing, learning, per-forming manual tasks, caring for oneself and working [etc.].” 1 Depending on the nature of the impairments, a person with Asperger’s Syndrome may – or may not – be considered disabled under the ADA.

The Americans with Disabilities Amendments Act of 2008 (ADAAA) lowered the threshold of “substan-tial limits,” and stated that mitigating measures (e.g. medications to control symptoms) can no longer be used to determine if a person has a substantially limiting impairment. This increases the number of people who qualify as disabled.

The Amendments Act shifts the focus from whether an employee is disabled to whether the employer meets its obligation to reasonably accommodate a dis-abled individual. And under the ADA, employers are protected from having to make accommodations that would pose an undue hardship on the organization.

For information on the ADAAA regulation and to learn more about the changes made to the defini-tion of “disability,” visit www.eeoc.gov/policy/docs/qanda_adaaa_nprm.html.

New Tool Helps BusinessesWhen it comes to having a workplace that welcomes

ALL qualified individuals, most business owners want to do the right thing. But understanding responsibili-ties under nondiscrimination laws and regulations can be daunting, especially for small businesses without dedicated human resource or legal functions.

Fortunately, a new tool makes understanding disability nondiscrimination laws, including the ADA and ADAAA, a lot easier. The online Disabil-ity Nondiscrimination Law Advisor helps employ-ers of all sizes quickly determine which disability

Resources Job Accommodation Network (JAN) offers free information for individuals and employers on work-place accommodations and disability employment issues: www.askjan.org.

Online Asperger Syndrome Information and Sup-port (OASIS) provides resources for individuals and medical professionals: www.aspergersyndrome.org.

U.S. Equal Employment Opportunity Com-mission (EEOC) investigates charges of discrim-ination against employers: www.eeoc.gov.

Yale School of Medicine Child Study Center lists clinics, support groups and professionals nationwide (including adult resources): http://medicine.yale.edu/childstudy/autism/resource/index.aspx.

2 JTPR Workplace Connection May 2011

WORKPLACE Connection nondiscrimination laws apply to their business and their responsibilities under them.

To do this, the Advisor asks a few relevant ques-tions, such as nature of the business, size of staff, and whether the business receives federal funds. Based on responses provided, it then generates a custom-ized list of federal disability nondiscrimination laws that likely apply, along with easy-to-understand information about their requirements.

To check out the Advisor, visit www.dol.gov/elaws/odep.htm.

When an Employee DisclosesThere are a number of things that employers can

do to help individuals with Asperger’s Syndrome to be productive and successful at their jobs. Obvi-ously, the diagnosis of Asperger’s must be made by a qualified medical professional (usually a neuropsy-chologist) and it would be inappropriate, unethical, and illegal (under the ADA) to imply or ask some-one if they have a medical condition.

If you have an employee who is struggling with communication, organizational skills or other aspects of their job, it is perfectly acceptable to dis-cuss behaviors that need to change. If an employee discusses Asperger’s Syndrome, you can talk about how, specifically, it impacts their performance and determines reasonable accommodations.

These discussions need not be adversarial. On the contrary, I have had a number of cases where relatively simple adjustments have resulted in the retention of skilled and loyal workers. For example:

v To accommodate a receptionist with Asperger’s, her employer agreed to turn off the lobby television dur-ing her shift, eliminating a distraction that led to errors.

v A sales manager’s auditory processing problems made it impossible to follow the rapid conversations in meetings. She was given an agenda in advance; along with the questions she would be expected to answer.

Be patient with training and break instruction into small segments. If the individual is asking an excessive number of questions, it could indicate anxiety or con-fusion about assignments. Provide specific, quantifi-able expectations whenever possible. For instance, “the draft is due in 3 days and should have at least 6 ideas for improving efficiency.” Regular feedback about perfor-mance is beneficial to any employee – but particularly to an individual with Asperger’s Syndrome.

The use of check lists, electronic reminders, and a personalized “rule book” of processes, procedures and where to go for help can address problems with short-term memory. A number of organizational problems can be solved with written instructions, color-coded filing systems, and a quiet work station.

Regarding the all-important area of social skills, be mindful that usually what looks like a behavior or atti-tude problem is a communication problem. People with Asperger's often don't know that they have offended or angered a colleague. They are confused by general statements like, “You’re rude,” “You are not a team player,” or, “How could you say that?!” Don’t take their blunt remarks or social gaffes personally. Rather:

v Use clarifying questions to understand the individual’s intentions.

v Be specific, direct and matter-of-fact in pointing out inappropriate or unacceptable behavior: “When you tell people to ‘be quiet,’ it’s considered rude. Instead, ask them if they would ‘lower their voices.’”

v Assign a “work buddy” or mentor to explain social norms, encourage social interaction, and answer questions. People with AS may hesitate to ask ques-tions out of fear they will appear “stupid” (likely a by-product of being bullied or ostracized in school).

v Educate HR, managers, and employees about Asperger’s Syndrome. The prevalence rate of 1 in every 250 people makes it likely that you have interviewed, hired, managed, worked with or even fired someone with AS. Increased understanding is directly proportional to increased employment suc-cess. Retaining even one employee at risk of derail-ing more than covers the investment in training.

SummaryUnderstanding Asperger’s Syndrome enables

an employer to bridge the gap between individuals with Asperger’s and others in the workplace. “One reason I was successful as a Peace Corps volunteer,” explains a 47-year-old IT specialist with AS, “is because they train everyone on how to act in the foreign culture. If I could have lessons on how to act in the U.S., it wouldn’t be so bad for me here.”

Barbara Bissonnette is the Principal of Forward Motion Coaching. She specializes in career development coaching and workplace advocacy for adults with Asperger’s Syndrome, and consults with professionals and employers. She is the author of the Asperger’s Syndrome Workplace Survival Guide, available at www.forwardmotion.info. 1 Job Accommo-dation Network, www.askjan.org. For a list of other references used in this article, contact Barbara at barbara@forwardmotion.info.