About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

52 Harv. C.R.-C.L. L. Rev. 73 (2017)
People with Autism Spectrum Disorder in the Workplace: An Expanding Legal Frontier

handle is hein.journals/hcrcl52 and id is 77 raw text is: People with Autism Spectrum Disorder in the Workplace: An Expanding Legal Frontier Wendy F. Hensel' Over the past two decades, there has been a significant increase in the number of children diagnosed with autism spectrum disorder (ASD). Recent estimates suggest that ASD may affect as many as one out of every 68 children in the United States, an increase of over 78% since 2007. Although some of this increase can be attributed to the enhanced awareness and focus on early inter- vention resulting from public education campaigns, much of the cause remains unknown. Nearly half of all individuals diagnosed with ASD possess either average or above average intelligence, but only a small percentage are employed, regard- less of their level of educational attainment or individual qualifications. One study of adults with high functioning autism identified employment as the single biggest issue or barrier facing them. In the next eight years alone, experts predict a 230% increase in the num- ber of young people with ASD transitioning to adulthood. As these numbers grow, there inevitably will be pressure to change the status quo and expand employment opportunities for them. At the same time, as a result of the amend- ments to the Americans with Disabilities Act, litigants of all disabilities are in- creasingly successful in establishing coverage under the statute and increasing protection against disability discrimination in employment. Taken together, there is little doubt that increasing numbers of individuals with ASD will enter the labor pool over the next decade. This shift presents a tremendous opportunity both for people with autism to integrate into the workforce and for employers to tap into the talents and abili- ties of a sizable population of workers. At the same time, it unquestionably will create new legal challenges for employers attempting to accommodate this set of workers, many of whom will have unique needs. This Article explores the legal issues that are likely to arise in the context of the employment of people with ASD. Recognizing that there is a great deal of diversity in functioning among people on the spectrum, its focus is on those who are sufficiently high function- ing to be capable of holding mainstream, independent employment. TABLE OF CONTENTS INTRODUCTION .......................................................... 74 I. PROFILE OF INDIVIDUALS WITH ASD ..................... 76 II. LEGAL PROTECTION OF INDIVIDUALS WITH ASD ............ 79 A. The Americans with Disabilities Act of 1990 and Rehabilitation Act of 1973 .......................... 80 B. The ADA Amendments Act of 2008 ................... 83 C. Section 503 of the Rehabilitation Act of 1973 .......... 85 III. THE HIRING PROCESS .................................... 86 1 Associate Dean for Research and Faculty Development and Professor of Law, Georgia State University College of Law.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most