Human Relation skills vs Disability Protection.

[ismywb]

What is the name of your state (only U.S. law)? Texas

I was hired to my job about 1.5 years ago. Human Relations (CS) is a large slice of my job. I am now being watched more about my CS skills, which kinda suck.

The issue is, I have Aspergers, which a huge part of this is Human Relations / Social Aspects. My question is can I legally be fired for lacking a skill that is due to a diagnosed disorder?

 

[Proserpina]

What is the name of your state (only U.S. law)? Texas

I was hired to my job about 1.5 years ago. Human Relations (CS) is a large slice of my job. I am now being watched more about my CS skills, which kinda suck.

The issue is, I have Aspergers, which a huge part of this is Human Relations / Social Aspects. My question is can I legally be fired for lacking a skill that is due to a diagnosed disorder?

The very short answer is: Yes...sometimes.

ADA protection must be requested before it applies, and even then your employer is only required to accommodate you as far as is reasonable.

 

[ismywb]

Thanks Proserpina.

So I suppose I should contact our HR department at this time and request it. I received an email from my boss not directly saying it, but effectively saying I need to fix it or leave.

I want to make clear that one of the essential job functions of the position you hold is providing high levels of customer service, as we are a customer-centric company. This has been a routine issue through your time [here.]
[...] <- Not important bit (Discusses stuff he has done to help)
I&#8217;d like to think that we have a good relationship with you, especially [from] the projects we get to work on together and the contributions that are provided through them. However this is a very important and critical issue that needs to be resolved.

This tells me he is ready to file paperwork if it isn't resolved.

While I understand it is customer centric, my boss IS aware of my disability. On a side note, (which would neither hurt my case, or help it) give a year and some months i'll be in a position where i dont need my CS skills so I really just need to hold out that long and work on my CS in the mean time.

 

[TheGeekess]

Have you considered scripting your responses? If customers says 'A', you say 'B'. If customer says 'D', you say 'C'. Using manners liberally is another good CS skill. Even if you get promoted, you will still need those CS skills; consider everyone your customer (as I was taught once upon a time in CS training).

 

[ismywb]

Hi,

I use text expander, however I am tech support, so that doesn't really work out to well, minus the very few occasions that it is a) a well known issue where it was worth my time to make a predef; b) a question on how to do something.

The main issue we are having is, if I may be blunt, i dont sugar coat my replies.

For example, here is an actual problem item my boss showed me:

Customer: Hi, does your product support $x?

Me: Hi, we do not currently support $x.

Anyone with aspergers, or has studied it will know we are very logical people. You ask me a question, I will give a direct response. In this case, I was given a talking to for not saying something along the lines of "we are working on it". But to me, thje customer didn't ask that. He asked if we supported it, not if we will support it. So, I usually give a non-sugar coated, direct answer. Which, can lead to me appearing blunt and terse.

 

[cbg]

There are no circumstances whatsoever, under any law including the ADA, where the employer is required to accept sub-standard performance.

 

[ismywb]

Hi,

My performance is not sub-standard in my opinion (which I of course know I could very well be biased).

The only issue is my CS. My Technical Skills are well beyond expectations, I do internal dev unofficially, and i get regular bonus's from my boss. Also, from what I have interpeted from the ADA's site:

> It restricts questions [...] and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

I do not believe this issue causes undue hardship, however as previously stated, it would not be hard to be biased in this statement.

 

[cbg]

The thing is, you don't get to decide if your performance is sub-standard or not. That's your employer's call.

It is not reasonable to allow you to respond in such a way that the customers are offended.

 

[ismywb]

Cgc, I am very well aware of this.

> My performance is not sub-standard in my opinion >> (which I of course know I could very well be biased) <<

However, giving regular bonus' is not a very good way to indicate you may not be doing a good job.

 

[cbg]

The fact remains that if your employer is not satisfied with your CS skills (and I wouldn't be either, from your description) then he is not required to accept it. Giving you a bonus because your tech skills are exceptional does not indicate that he is likewise satisfied with your CS skills.

The bottom line is you do not get a pass on performance because of a disability.

 

[ismywb]

Okay, thanks for the advise. I will likely talk to our HR department, then after talk to my boss again. Thanks for all of the help!

 

[cbg]

Just keep this in mind - it is no more reasonable to allow you to remain in a job that requires customer service skills if you are incapable of learning them, than it would be to allow a driver who has been blinded in an accident to continue driving. If you are completely incapable of developing CS skills, then you shouldn't be in a job that requires them.