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Introduction
| Information About | Americans
with Disabilities Act | Accommodating Employees
| Resources | References
JAN’s Accommodation and Compliance Series is designed to help employers determine effective accommodations and comply with Title I of the Americans with Disabilities Act (ADA). Each publication in the series addresses a specific medical condition and provides information about the condition, ADA information, accommodation ideas, and resources for additional information. The Accommodation and Compliance Series is a starting point in the accommodation process and may not address every situation. Accommodations should be made on a case by case basis, considering each employee’s individual limitations and accommodation needs. Employers are encouraged to contact JAN to discuss specific situations in more detail. For information on assistive technology and other accommodation ideas, visit JAN's Searchable Online Accommodation Resource (SOAR) at http://www.jan.wvu.edu/soar.
Information about Asperger Syndrome What is Asperger Syndrome? Asperger Syndrome, sometimes called “high-functioning autism,” is one of five pervasive developmental disorders known as the Autism Spectrum Disorders (NIMH, 2006). People with Asperger Syndrome typically have average or above-average cognitive ability, but have extreme social deficits (Klin et al., 2000). The common characteristics of Asperger Syndrome are underdeveloped social skills and underdeveloped communication skills (DSM-IV, 1994). Individuals with Asperger Syndrome may also have deficits in tactile perception, psychomotor coordination, and/or visual-spatial organization (Klin et al., 2000). People with Asperger Syndrome are self-described loners who may be unable or unwilling to participate in spontaneous social interaction. Though friendship is desired, frustration occurs when trying to build social relationships, likely due to previous failed attempts (Klin et al., 2000). People with Asperger Syndrome can excessively elaborate on their own topics of interest, however, be unable or unwilling to participate in other parts of conversation or to end a conversation, partially because of the inability to gauge social context or interpret social cues (Klin et al., 2000). Gross motor skills, including posture and gait, and fine motor skills such as manual dexterity may be under-developed, making people with Asperger Syndrome seem clumsy or physically awkward (Klin et al., 2000). What causes Asperger Syndrome? In the past, public interest rose around a theory suggesting a link between the use of thimerosal, a mercury-based preservative used in the measles-mumps-rubella (MMR) vaccine, and autism. These theories have been refuted in subsequent studies by American and Danish researchers (NIMH, 2006). Research into the causes of autism now involves genetic sampling, and detailed study of the brain to include imaging, tissue sampling, and post-mortem evaluations (NIMH, 2006). How is Asperger Syndrome treated? Medications are used to treat people with Asperger Syndrome. This includes medications for anxiety, depression, and obsessive-compulsive behavior such as Prozac and Zoloft, and medication for inattention or hyperactivity such as Ritalin (NIMH, 2006). Most experts agree that treatment for Asperger Syndrome not be limited solely to the use of medications. Treatment can also include behavioral therapy, addressing the development of interpersonal relationships, time management, self-discipline, goal-setting, and decision-making (NIH, 2006). Asperger Syndrome and the Americans with Disabilities Act Is Asperger Syndrome a disability under the ADA? The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet (EEOC, 1992). Therefore, some people with Asperger Syndrome will have a disability under the ADA and some will not. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment (EEOC, 1992). To be a disability covered by the ADA, the impairment must substantially limit one or more major life activities. These are activities that an average person can perform with little or no difficulty. Examples are: walking, seeing, speaking, hearing, breathing, learning, performing manual tasks, caring for oneself, and working. These are examples only. Other activities such as sitting, standing, lifting, or reading are also major life activities (EEOC, 1992). Most courts have agreed with the activities listed by the EEOC. For example, in Brown v. Cox Medical Centers, 286 F.3d 1040 (8th Cir. 2002), the Court noted that the “ability to perform cognitive functions” is a major life activity. In Gagliardo v. Connaught Laboratories, Inc., 311 F.3d 565 (3d Cir. 2002), the court held that “concentrating and remembering (more generally, cognitive function)” are major life activities (Fram, 2004). Accommodating Employees with Asperger Syndrome Note: People with Asperger Syndrome may experience some of the limitations discussed below, but seldom develop all of them. Also, the degree of limitation will vary among individuals. Be aware that not all people with Asperger Syndrome will need accommodations to perform their jobs and many others may only need a few accommodations. The following is only a sample of the possibilities available. Numerous other accommodation solutions may exist. Questions to Consider:
Accommodation Ideas: Speaking/Communicating: Individuals with Asperger Syndrome may have difficulty communicating with co-workers or supervisors. For people with Asperger Syndrome, poor communication may be the result of underdeveloped social skills, lack of experience/exposure in the workforce, shyness, intimidation, behavior disorders, or low self-esteem.
Time Management: Individuals with Asperger Syndrome may experience difficulty managing time, particularly if involved in an enjoyable or exciting task. This limitation can affect their ability to complete the task within a specified timeframe. It may also be difficult to prepare for, or to begin, less-desirable work activities
Impulsivity: Individuals with Asperger Syndrome may exhibit over-activity or impulsive behavior. This could be disruptive to the work environment or could inhibit efficient and effective work performance.
Stress Management: Individuals with Asperger Syndrome may have difficulty managing stress in the workplace. Situations that create stress can vary from person to person, but could likely involve heavy workloads, unrealistic timeframes, shortened deadlines, or conflict among coworkers.
Maintaining Concentration: Individuals with Asperger Syndrome may experience decreased concentration which can be attributed to auditory distractions (that can be heard) and/or visual distractions (that can be seen). People with Asperger Syndrome report intolerance to distractions such as office traffic, employee chatter, and common office noises such as fax tones and photocopying.
Organization and Prioritization: Individuals with Asperger Syndrome may have difficulty getting or staying organized, or have difficulty prioritizing tasks at work. This is likely the result of limited executive function, which are cognitive skills required to prepare and execute complex behavior like planning, goal setting, and task completion.
Social Skills: People with Asperger Syndrome may have difficulty exhibiting appropriate social skills on the job. This might manifest itself as interrupting others when working or talking, demonstrating poor listening skills, not making eye contact when communicating, or inability to correctly read body language or understand innuendo. This can affect the person's ability to adhere to conduct standards, work effectively with supervisors, or interact with coworkers or customers.
Memory: Individuals with Asperger Syndrome may experience memory deficits that can affect their ability to complete tasks, remember job duties, or recall daily actions or activities. This could be caused by a side-effect from medications. It could also be due to disinterest in the activity or misunderstanding the activity’s level of importance
Multi-tasking: Individuals with Asperger Syndrome may experience difficulty performing many tasks at one time. This difficulty could occur regardless of the similarity of tasks, the ease or complexity of the tasks, or the frequency of performing the tasks.
Situations and Solutions: An employee with Asperger Syndrome works for a large marketing firm. Though she is knowledgeable in her field, she has difficulty participating in work activities with her team. JAN suggested job restructuring, which allowed her to work independently while providing information to her team electronically. This gave the employee the social distance she needed to be comfortable, yet also provided the team with information needed to move forward with marketing campaigns. A new hire at a fast-food restaurant has Asperger Syndrome. He completes his job tasks quickly and efficiently then remains idle until someone tells him the next task to perform. The manager complains that the employee “just stands around” and “looks bored.” JAN suggested the use of a job coach to help learn the job, and how to stay occupied during down time. JAN also suggested using a training DVD from www.ConoverCompany.com to help build workplace social skills. An applicant with Asperger Syndrome is applying for a research position with a chemical company. He has a verbal communication deficit, though can communicate properly through handwriting and by email. The employer wants to provide accommodations during the first stage interview, which involves answering questions from a three-person search committee. JAN suggested providing the questions in advance and allowing the applicant to furnish written responses during the interview. A professor with Asperger Syndrome had difficulty keeping daily office hours, and experienced anxiety because the timing of students’ consultations was unpredictable. JAN suggested modifying the schedule as an accommodation. The professor keeps all required office hours, but only during three workdays. JAN also suggested adjusting the method by which students obtain appointments, asking students to schedule at least one day in advance and when possible, allow the professor to conduct consultations electronically, by phone, or by instant messenger. In addition, JAN suggested documenting each student consultation to ease his anxiety about the meeting and to refresh his memory about previous meetings with the student. Products: There are numerous products that can be used to accommodate people with limitations. JAN's Searchable Online Accommodation Resource (SOAR) at http://www.jan.wvu.edu/soar is designed to let users explore various accommodation options. Many product vendor lists are accessible through this system; however, upon request JAN provides these lists and many more that are not available on the Web site. Contact JAN directly if you have specific accommodation situations, are looking for products, need vendor information, or are seeking a referral. American Psychiatric Association. (1994). Diagnostic and statistical manual of mental disorders (4th ed.). Washington, D.C. Updated 09/04/08 |
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