4 ms·
[IANAL] That's an interesting question. I think Google would have a reasonable argument toward damore creating hostile environment toward a group with a protec
by vorotato 9y ago
[IANAL]
That's an interesting question. I think Google would have a reasonable argument toward damore creating hostile environment toward a group with a protected status. They then could argue he was unfit for employment. Obviously a jury would then decide, but historical precedent says that no it would not constitute a failure to provide reasonable accommodation because he was unfit for employment.
"Nevertheless, some employees with ASD and related conditions continue
to struggle to show that they are qualified for employment.90 Courts
continue to assert that the ability to communicate appropriately with customers
and coworkers is an essential function of the jobs in question.91 Particularly
in cases dealing with employees who have contact with the public or
collaborative interaction with colleagues, communication challenges typical
for those with autism have been sufficient to derail class coverage.92 This
may prove to be a significant hurdle in litigation for employees with ASD in
the future."
source: http://harvardcrcl.org/wp-content/uploads/2017/02/Hensel.pdf http://harvardcrcl.org/wp-content/uploads/2017/02/Hensel.pdf
- vorotato 9y agoIf we're talking about what laws should be, I would prefer to see something more about requirements for a good faith effort to help the employee through sensitivity training etc.