Eeoc V Northwest Petroleum Lp And Burger King Franchisee Travis County Investments Lp
A Burger King franchise offered a job as a dining room and bathroom attendant to an applicant with intellectual disabilities after an interview attended by a representative from Community Access Inc. which provides services to individuals with intellectual or developmental disabilities in Oklahoma. When the Community Access support person asked that a job coach provide onsite support to the individual , the offer of employment was withdrawn. The individual filed a complaint with EEOC but when no settlement was reached with the franchise, the EEOC filed a lawsuit in federal court arguing that failing to hire an individual based on the disability or the need for a reasonable accommodationsuch as a job coachwas discrimination under ADA. Burger King agreed to pay the applicant $30,000 and implement ADA training for all employees.
Pennsylvania Social Security Disability For Autism Spectrum Disorder
Autism spectrum disorder , most often referred to as autism, is a common disorder that affects the nervous system. It can affect people in very different ways and cause a range of symptoms with widely varying degrees of severity. Some people can live relatively normal lives with autism, while others are unable to work or engage in most normal activities. There are about 200,000 cases of autism in the U.S. each year. Currently, there is no cure.
Autism is recognized as a disabling condition by the Social Security Administration and is included in its Listing of Impairments as amental disorder.
People with severe cases of autism may be entitled tobenefits under Social Security Disability Insurance or Supplemental Security Income , but it can be difficult to knowhow to apply, whatmedical evidence must be provided, and what to do if your application is denied.Our attorneys atHandler, Henning & Rosenberg LLC can help with all of this.
Autistic adults and children may be entitled toSSDI or SSI benefits in Pennsylvania.Call to speak with a knowledgeable attorney about your unique situation.
Is Autism A Disability And If It Is A Disability Then What
Is autism a disability? The short answer to that question is yes. Autism is a disability.
But the conversation doesnt stop there. In fact, theres so much more to this conversation that we need to consider than just the disability label.
More specifically, autism is whats referred to as a developmental disability.
And whats a developmental disability? The term has a few nuances but refers to a condition that affects ones life-long development.
Autism is not considered a birth defect nor is it a learning disability. Birth defects apply more to observable abnormalities in bodily structures. A learning disability refers to difficulties in learning unrelated to intelligence or motivation.
So whats the definition of autism? Well, the official diagnostic term is Autism Spectrum Disorder, also known as ASD.
People with ASD have a condition where a compromise occurs in the brains development. As a result, individuals with autism typically have challenges in a few areas. These include difficulty with communication, social interaction, and behavioral challenges.
Autism affects approximately 1 in 60 children, mostly boys.
It doesnt take a long time to recognize autistic symptoms. In fact, you can recognize these symptoms before a child reaches the age of 2 years.
The cause of autism is unknown. Though some suggest that vaccines cause autism, there is no conclusive evidence to substantiate that claim.
Don’t Miss: Fibromyalgia Permanent Disability
Pervasive Developmental Disorders Not Otherwise Specified
The category of Pervasive Developmental Disorder Not Otherwise Specified is used when the child exhibits impairment in the development of social interaction, or verbal and non-verbal communication or when stereotyped behaviour or activities are present but the criteria for any specific pervasive developmental disorder is not met.
Why should I hire a person with a disability? Can they do the job?
A person with a disability can do the job just like anyone else providing they have been supported with reasonable accommodation.
Will my WSIB premiums go up?
According to the Workplace Safety Insurance Board, your premiums cannot be increased on the basis that some of your workers have disabilities. Workers with disabilities have excellent safety records on the job.
What should I know about interviewing someone with a disability?
Most people are willing to talk about their disability and how it will affect their work. If someone does not disclose their disability, keep the conversation focused on Do you require any accommodation to assist you to be fully productive? Also, if a potential employee is referred by one of the agencies providing employment services for persons with disabilities, a counsellor or job coach can offer to assist with the interview process.
Will they need to take a lot of time away from work?
Actually, most persons with disabilities have the same or better record for attendance on the job. section.
Finding Help And Support
Each autistic person is different, and the impact their condition has on their life will depend on;many factors. These will include the severity of their condition, any additional diagnoses, such as a;learning disability or a mental health problem, and whether they display any challenging;behaviours.
While some autistic people;will need very little extra support, others will need more specialist,;even 24 hour, help. Each autistic person;is also an individual in their own right, and will have;their own likes, dislikes and characteristics just like everyone else, which will also affect the kind of;support they want and need. Support and coping strategies need to be tailored to each individual.
For some parents, planning ahead for the future is key, while other families prefer to take life a day;at a time. There is no right or wrong way of doing things, the key is to work out what works for your son or;daughter, and to help them achieve the things they want from life.
Once your son or daughter has received a diagnosis, the next step is to think about the services;and support your family will need for the future.
Don’t Miss: Can You Get Social Security Disability If You Have Copd
Autism Doesn’t Have To Be Viewed As A Disability Or Disorder
Mainstream theory presents autism as an epidemic, disease or deficit. But what about the strengths and abilities that can be found within the spectrum?
Autism may represent the last great prejudice we, as a society, must overcome. History is riddled with examples of intolerance directed at the atypical. We can sometime fear that which diverges from the norm, and sometimes that fear leads us to frame those who are different as being in some way lesser beings than ourselves.
Intolerances take generations to overcome. Racism is an obvious, ugly example. Other horrifying examples are easy to find: take, for instance the intolerance faced by the gay community. Countless gay people were diagnosed with sociopathic personality disturbance based upon their natural sexuality. Many were criminalised and forced into institutions, the treatments to which they were subject akin to torture. How many believed they were sociopathic and hated themselves, wishing to be free from the label they had been given? How many wished to be cured so that they could live their lives in peace? The greatest crime was the damage perpetuated by the image projected upon them by those claiming to be professionals.
A Disability Applicant With A Diagnosis Of Autism And Limitations In Communication Or Social Functioning May Be Eligible For Benefits
By Bethany K. Laurence, Attorney
Autism is a neurodevelopmental disorder that affects communication and social interaction skills. Autism is thought to be present from birth and is usually recognized by three years of age. Not everyone with autism displays the same behaviors. There are many signs of autism and they may be experienced by varying degrees; severe autism is considered a disability.
Diagnosis of autism depends upon the patient showing symptoms of social interaction impairment, communication impairment, and a restricted, repetitive pattern of behavior.
Communication symptoms can include a lack of responsiveness or unusual gestures. It has been reported that at least one-third of autistic individuals do not develop speech and communication enough to meet the needs of daily life.
Restrictive behavior can include purposeless movement such as rocking, head rolling, hand flapping, and other movements. It can also include compulsive behavior such as rearranging objects and needing to control the physical environment. Ritual behavior is also a common symptom of autism, such as needing to do things the same way and at the same time every day and resisting change in the environment. Limited activity, focus, and interest is also a symptom of autism, as well as self-injury, such as biting oneself, pulling hair, and other self-injury activities. None of these symptoms are specific to autism, but these behaviors are often present, severe, and reoccurring.
Recommended Reading: How To Collect Disability In Nj
Check If You Have An Impairment
You have an impairment if your physical or mental abilities are reduced in some way compared to most people. It could be the result of a medical condition – like arthritis in your hands that means you cant grip or carry things as well as other people.
An impairment doesnt have to be a diagnosed medical condition. If youre suffering from stress, you might have mental impairments – like difficulty concentrating – as well as physical impairments such as extreme tiredness and difficulty sleeping. It still has to have a substantial and long-term adverse effect on your ability to carry out day-to-day activities.
Your impairment doesnt have to stop you doing anything, as long as it makes it harder. It might cause you pain, make things take much longer than they should or mean that youre unable to do an activity more than once.
The Blurred Line Between Autism And Intellectual Disability
Doctors often conflate autism and intellectual disability, and no wonder: The biological distinction between them is murky. Scientific progress depends on knowing where the conditions intersect and part ways.
by Emily Sohn;/;15 April 2020
Soon after Patrick Kelly started school at age 5, his teachers told his parents he belonged in special-education classes. His academic performance was poor, and his behaviors were disruptive: hand-flapping, rocking, hitting his head with his wrists and tapping his desk repeatedly. He often seemed as if he was not paying attention to people when they spoke to him. He would stare off into the distance, head turned to the side.
Kellys teachers assumed he had intellectual disability, known at the time as mental retardation. Then when he was around 9, a routine eye exam at school revealed that he could barely see. With glasses, he went from underperforming to outperforming his peers in every subject but English in just two years. And it turned out that he had been listening in the classroom all along. Finally, at age 13, a psychologist diagnosed him with pervasive developmental disorder-not otherwise specified, a form of autism.
Recommended Reading: Sample 504 Plan For Celiac Disease
Medical Qualifications And Autism
The SSA uses its own medical guide, known colloquially as the Blue Book, when determining if an applicant is eligible for Social Security benefits. The Blue Book lists all test results or symptoms needed to be approved for disability benefits. Autism is listed as a qualifying condition in the Childhood Blue Book. To be eligible for SSI, your child must have medical documentation of both of the following:
- Measurable deficits in verbal and non verbal communication, as well as deficits in social interactions, AND
- Restricted or repetitive patterns of behavior, interests, or activities
Additionally, a child with autism must have extreme limitation in one, or noticeable limitations in any two of the following criteria:
- Understanding, remembering, or applying information
- Interacting with others
- Concentrating and completing tasks
- Adapting oneself, which means controlling emotions
The entire Blue Book is accessible online, so you can review the childhood autism listing with your childs doctor to help determine if he or she has the medical evidence needed to qualify.
Is Child With Autism Considered Disabled
Whether or not your autistic dependent, spouse or yourself, is considered disabled depends on their level of functioning.
The IRS defines disability as permanently and totally disabled.; The person in question must meet the following two requirements to meet this definition:
The good news, for a child dependent, it likely doesn’t impact your tax situation depending on the age of your child.; You can continue to claim your child or other eligible dependent as a qualifying child dependent until age 18, or age 23 if a full-time student.
Read Also: Disability For Degenerative Disc Disease And Fibromyalgia
Starting Your Childs Ssi Application
All SSI applications must be completed in person at your closest Social Security office. There are more than 1,300 SSA offices located across the country, so youll likely have more than one option when scheduling an appointment. Before applying in person, be sure to review the SSAs Child Disability Starter Kit. This online resource outlines exactly what paperwork youll need to have on hand to successfully apply for SSI on behalf of a child.
Helpful Resources:
Adults’ Alternate Method: Residual Functional Capacity
If your condition doesn’t to meet the disability listing for autistic disorders, the SSA will evaluate your residual functional capacity . Your RFC is the most you can perform in a work setting. The SSA will consider various skills, including your ability to sit, stand, and walk, your ability to work with others, and your ability to concentrate on tasks. To be found disabled, you must be unable to perform any jobs given your RFC.
If your autism is severe, then you will likely have problems interacting with the public and with supervisors, and these limitations should show up in your RFC. This will reduce the number of jobs that you can perform. Due to your autism, you may also have problems focusing on work tasks for an extended length of time. If you are unable to perform work at a competitive pace, then the SSA could consider you disabled because you are prevented from performing almost all jobs.
You May Like: Military To Civilian Pay Calculator
How Can Employers Best Work With Autistic People
Under the ADA, businesses with 15 or more employees cannot discriminate against someone with autism. These rules apply in every aspect of employment, from job applications and hiring to training and privileges and leaving the job.;;
Employers must also provide reasonable support to employees with autism, including any special equipment that allows them to do their job. Employers don’t have to provide accommodations that would be extremely difficult or costly, however. No matter the support the autistic person needs, they still must perform their job effectively.;;
Working with adults with autism can be an enriching experience for employers if they work to overcome potential challenges in the workplace.;
Examples of helpful practices:
Prohibited Conduct In The Workplace And Discipline
Although the ADA protects individuals with ASD from discrimination on the basis of disability in many cases, the ADA does not protect individuals who violate an employers code of conduct even if the misconduct is a result of the disability. If the employees misconduct is not covered by the code of conduct or policies, the employer can still enforce conduct rules that,
are not found in workplace policies, employee handbooks, or similar documents so long as they are: ;job-related and consistent with business necessity, and applied consistently to all employees and not just to a person with a disability. Many times, the proscribed conduct is well understood by both the employer and employees as being unacceptable without being formally written, such as a prohibition on insubordination.
Finally, the EEOC states that employers may prohibit insubordination towards supervisors and managers and also require that employees show respect for, and deal appropriately with, clients and customers.;Employers may also prohibit inappropriate behavior between coworkers .;The EEOC guidance related to discipline of employees for violations of behavioral expectations provides numerous examples to illustrate the legal standards.
Read Also: Is Disability Insurance Tax-deductible For S Corp
Social Interaction Of People With Autism
People with autism often do not relate well with other people, have difficulty learning to play with others, may not imitate well, and have difficulty learning how to respond to social games. Manifestations of impaired social interaction include avoidance of eye contact, lack of interest in simple social activities, impaired awareness of the presence of others, minimal interest in establishing friendships or lack of understanding about rules of social interaction.
Social Security Disability Income
Social security for adults with autism includes both the SSI and SSDI programs. Social security disability benefits for autism may carry over from childhood to adulthood for people who were receiving social security disability for autism on their parents social security record.
The SSDI program is for adults who are disabled from working. It is usually based on the recipients income before they became disabled. If the disability began before age 22, however, it can be based on the recipients parental income.
Once a child reaches age 18, the blue book adult criteria for disability determination takes effect, and these differ from the childhood criteria.
Read Also: Dod Retirement Calculator
Adult Vs Child Disability Benefits
Autism can affect both children and adults. If your child is under age 18 and has autism, and you have low income and assets, your child may be eligible for Supplemental Security Income benefits under the Social Security Act. If you are over age 18 and have autism, you may qualify for either Social Security Disability Insurance benefits or SSI benefits.
Meeting The Autism Listing From The Listing Of Impairments
The SSA’s Listing of Impairments contains categories of medical conditions along with specific requirements that must be met before an applicant can be found disabled. The requirements for autistic spectrum disorders are the same for the adult listing and childhood listing. Both listings require medical evidence showing all of the following factors:
- deficits in social interaction
- deficits in verbal and nonverbal communication, and
- significantly restricted, repetitive patterns of behavior, interests, or activities.
In addition, Social Security will look to see how much autism limits the applicant’s ability to function at school or in the workplace. The applicant must either have an extreme limitation in one of the following areas or a “marked” limitation in two of the following areas:
- understanding, remembering, or using information
- interacting with others
- focusing on activities , and
- adapting or managing oneself .
You May Like: California Disability Amount