I think there is something fishy about his "disability", he has written twice "it doesn't matter if I am disabled or not".
Just curious, do you think he could make a case for "regarded as disabled" if he does not have a bona fide disability under the ADA? I hate to even suggest this, but I am curious what you think about that.
At some point he claims mental health disability, from his obsessive and highly verbal presentation, lack of ability to abstract, lack of pragmatics, likely has a disorder in the autism spectrum. The employer seemed to recognize that he had a disability by trying to accommodate him at least 3 times, whether or not he made his application claiming the disability at that time is unclear. The problem with highly verbal persons of normal to high intelligence, with these forms of disability, is that there is the presumption that they are capable of many things which they cannot do because they lack the ability to abstract, they may function on a high level when matched to employment that is structured and matches their skills.
Hmmmmm am I reading something into this, the last time I asked him about being disabled he stayed away for a while and never answered. Do we know that admin closed the thread or could Josh have? The last post is me telling him that somebody's gotta be disabled for him t sue under the ADA. How can Megan be lurking, she posts at least once a day, I thought?
You're right about his disability. He may not think he really has one, though.
I got as far as page 9 so far. I'll continue following through to the end, despite the agony of getting through the sniping trying to find facts (Thanks to Ms. Cupcake and Katy for their translations - I'd probably have given up at page 4 without you) just for the sake of fulfilling my committment to Ms. Cupcake and I'll give my ideas here. However, so far I have seen nothing to indicate that Josh has any kind of a case at all from an HR perspective.
Thanks, at least the end is in sight since the thread is locked, however I do believe you have some of his "complaint" and "facts" to wade through, however it should be easier having some idea as to it's content. I have never seen any merit to his case and refered him to a civil right's attorney early on, in case there was something, OP didn't recognize as actionable. At least Megan won't be in there leading him off on a wild goose chase. Maybe you need a caraffe of tripple strength coffee
By the time I'm finished I may need a bottle of pino grigio!
As far as I can tell you gave him exactly the right advice. I can't see any case but it's not impossible that something he didn't mention (hard as it is to believe that there's anything he didn't mention) might change things. The ADA is always a slippery path to walk. I'll let you know if I'm still of the same opinion when I'm finished, which will probably be sometime this evening.
I got sucked into the thread and responded a couple of times, taking what he said at face value....'they fired me in a meeting to find reasonable accommodation' etc. The basic contention is that after he was requested reasonable acc. they fired him because he left a reference off his application that he filled out 2 yrs. before. He feels the application error was a pretext and they fired him for engaging in protected activity.
If you read the transcript of the meeting with mgmt., you will understand lots of this from their perspective.