Here's a victory story about a SoCal woman who stood firm and
fought a good fight -- and won her case against an employer! It's
people like this who make life better for Aspies who are not able
to break through, who rely on others to carve a path that they can
follow. I'm grateful for those with the ability to make a difference
such as this woman has done. Just read. It will warm the
cockles of your heart and make this Thanksgiving Day better!
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From: "scap_64" <scap_64@...>
Date: Thu Nov 24, 2005  9:55 am
Subject: Employer Held Liable for AS Disability Discrimination

Dear Friends: I am delighted to share with you news about this
case. At this time of Thanksgiving, I would like to express my
deepest gratitude to you personally and to everyone whose
support, personal involvement, resources, information and
genuine concern made this victory possible.

Please feel free to re-publish and forward the following if you find
appropriate to do so.

<<<El Cajon, California: College District Held Responsible for
Disability Discrimination of an Employee with Asperger's
Syndrome: L.K., 41, has been a Grossmont-Cuyamaca
Community College District (GCCCD) employee since 1996 with
a history of long-term steady employment, quality work
performance and active community/campus involvement. She
graduated with honors and awards from Grossmont College,
which is part of GCCCD, and has been featured in GCCCD and
city publications both as a student and an employee.

In early 2002, L.K. disclosed her condition (Asperger's
Syndrome) and intent to request an accommodation under ADA
(transfer to a vacant position). After that, she was subjected to
disparate treatment, including but not limited to premature
termination of her family's health benefits, her voice mail having
been depersonalized and her e-mail account having been
blocked.

Against its own written policy setting 30-day deadline to respond
to disability accommodation requests, GCCCD had stalled L.K.'s
request for about 1.5 years, withholding information about
available vacant positions to transfer. When the violation was
pointed out, the employer's response was to modify the policy to
eliminate 30-day deadline. From now on, disabled GCCCD
employees who request accommodations may have to wait
indefinitely for their request to be considered.

By summer 2003, the employer left L.K. no choice but to accept
demotion and 45% pay cut as the only chance for receiving an
accommodation. In October 2003, GCCCD administration
placed her on an indefinite "illness leave" with no request for
such leave from L.K., no documented medical necessity and no
authorization by medical professionals.

To this day, GCCCD does not allow L.K. to return to work.

Among other college courses, GCCCD offers studies in
Disability Services Management. It also claims to be an equal
opportunity employer.

On October 7, 2005, after a two-week trial, the El Cajon, CA, jury
awarded L.K. damages for lost wages, lost benefits and mental
distress in the total amount of $299,402.88.

The jury concluded that the employer subjected its employee
with disability to disparate treatment, and that GCCCD failed to
timely engage in an ADA interactive process in good faith even
after US Department of Education's Office of Civil Rights (DOE
OCR) intervention and request to comply with the law.

Lathe Gill, the plaintiff's attorney, comments on the jury verdict:

"The jury saw here a competent, dedicated individual with
Asperger's Syndrome whose needs and contributions were
discounted by her employer. And they held the employer
responsible. People with developmental disabilities take note,
there is a place for you in the workplace. Your skills and
intelligence and effort can make a dramatic difference at work.
Do not give up!"

Lathe Gill ( http://www.lathegill.com ) is a California-based
lawyer practicing law on behalf of people with disabilities.

Expert witness Cynthia Norall, Ph.D., an educational and
behavioral consultant, the founder and Clinical Director of
Comprehensive Autism Services and Education, Inc. (also
known as C.A.S.E., Inc. http://www.casefamily.com ) offered her
testimony and educated the court about Asperger's syndrome
and autism spectrum.

Dr. Norall, a licensed educational psychologist and a nationally
certified cognitive behavior therapist, consults and gives expert
testimony both locally, in California, and internationally. She's
worked with hundreds of clients on autism spectrum, and uses
many techniques valuable for teaching social understanding
skills that can easily be applied in the classroom and in the
workplace setting.

Among other educational methods, she offers through C.A.S.E.
social skills therapy groups, called Friends' Club®, as well as
Asperger's Syndrome support groups for young adults, and
develops appropriate educational programs. She and her team
of therapists meet with small groups of children/teens in a
clinical setting to teach social cognition skills. Her dissertation
included research in parent's perspectives regarding
educational resources for children with autism.

Dr. Norall comments, "CASE, Inc. is pleased with Mrs. K.'s
success in overcoming discrimination in the workplace. At
CASE, Inc. we celebrate people with Asperger's Syndrome for all
that they have contributed to who we are as a society. We hope
that the challenges Mrs. K. has overcome can lead to better
understanding and acceptance of people with Asperger's
Syndrome so that such discrimination never happens again."

Asperger's Syndrome (AS) is a neurodevelopmental condition
related to the autism spectrum. Affected individuals (usually of
normal or above average intelligence, capable of intense focus,
strong attention to detail, painstaking adherence to policies and
procedures, unorthodox problem-solving and high productivity in
the areas of their interests and aptitudes) are prone to motor
coordination impairments, sensory oversensitivities, have
difficulty interacting socially along "unwritten rules", reading
nonverbal language or navigating workplace politics, may prefer
solitary activities and are often viewed as eccentric. As a tragic
result, many end up un- or underemployed and on the receiving
end of prejudice, bullying, negative stereotyping, harassment
and discrimination.

This case and its outcome has resonated widely throughout
autism spectrum and anti-bullying communities, triggering an
international interest and a letter campaign from those
concerned about rights, dignity and well-being of citizens on
autism spectrum.

The jury verdict was met with the following comments:

"Sincere congratulations on winning. It's wonderful to know that
justice did prevail". - Julie, UK.

"Thanks to you for going the distance. I know it wasn't easy. I am
so glad! " – Gayle Fitzpatrick MEd, a professional educator,
advocate and a parent of two children with AS, Maine, USA.

"Just saw this and loudly cheered. That is a great result for
everyone". – Michelle Dawson, a renown Canadian autistic
advocate, http://www.sentex.net/~nexus23/naa_02.html

"We have all won because we need to stop this kind of behavior
rather then just allow people to be walked on". – Victoria Telep
from Michigan, USA, mother of an autistic child

"…We have done so much together haven't we? Who would have
thought we could have ever wielded such a power thru our
letters, our knowledge and determination?" – Lorelie Young,
grandmother of two autistic children, Oregon, USA

Minna Mettinen, an autistic advocate and a mother of two autistic
children from Ontario, Canada, wrote: "This is such good news -
for us all, (those of us who are still young enough to not have
worked yet, or are working, and now have a precedence set to
protect them also (hopefully) in the future. Thank you to all who
helped with this, by writing, by offering support personally, or
professionally, by keeping their eyes on these folks, and sending
them letters when it was time to do so…this is what Autistic
Advocacy should be about....thank you all who have helped."

Jack Sleeth, Jr, one of the attorneys representing GCCCD,
intends to appeal the jury decision. According to the following
publications, Mr. Sleeth has previously taken a stance against at
least two other individuals on autism spectrum:
http://www.nctimes.com/articles/2005/04/14/news/inland/23_41_
064_13_05.txt
http://www.nctimes.com/articles/2005/05/06/news/inland/23_28_
495_5_05.prt >>