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Declaring AS to an employer? & other legal questions..

grapesicles

Well-Known Member
Since I may be working within less than 12 months time, would I have to declare AS to a potential employer? Although there are laws preventing discrimination, these aren't always effective enough to completely prevent rejection from an employer. I've done some Google-ing and it seems you only have to declare it when asked, otherwise your application is considered fraudulent.

A little off-topic but a similar question: do I have to declare it to the DVLA? I'm a brilliant driver (in my opinion) and have been driving for nearly 5 years with no claims. Autism.org says I have to declare it immediately or risk a large fine; though Gov.UK clearly states that I'd only have to declare it if it affects my driving - which it doesn't at all, as I spend a significant amount of time driving each week and am always told I'm an excellent driver.

Lastly, since I go to the US a lot, would I have to declare it in an ESTA application or health insurance application? The immigration form process when travelling to the US can be very intimidating, plus I always get help filling out forms in case I misinterpret or miss out something. I don't take any kind of medication and it's not a physical illness, so I'm not sure if it counts?

So much confusion!
 
I can't answer anything about your question as it pertains to the UK, where you are from, but unless you're getting some form of medical aid for your autism in the U.S., I really doubt you need to declare it, especially since you're not a citizen. Since my diagnosis, I haven't gotten any treatment beyond short-term counseling and my autism doesn't really seem to have a direct effect on work.

I'm probably not giving you a good answer, but I tried my best. I hope you find the information you seek without too much trouble.
 
Would you have to declare it? With reference to government, maybe not....the devil being in the details. Lots to read over...sorry. The private sector? Hard to say.

* The UK is a participant in the Visa Waiver program.

US Customs & Border Protection-Electronic System for Travel Authorization

The following information is required of every nonimmigrant visitor not in possession of a visitor's visa who is a national of one of the countries[1] listed in 8 CFR 217.2 * . Please enter all information requested. Each member of your traveling party must complete a separate application.

Please provide all responses in English. Mandatory fields are indicated by a red asterisk *.

Physical or Mental Disorders

With regard to physical or mental disorders, answer ”Yes” to this question if:

(a) You currently have a physical or mental disorder and a history of behavior associated with the disorder that may pose or has posed a threat to your property, safety or welfare or that of others; or

(b) You had a physical or mental disorder and a history of behavior associated with the disorder that has posed a threat to your property, safety or welfare or that of others and the behavior is likely to recur or lead to other harmful behavior.

Answer ”No” if:

(a) You currently have no physical or mental disorders; or

(b) You have or had a physical or mental disorder without associated behavior that may pose or has posed a threat to your property, safety or welfare of that of others; or

(c) You currently have a physical or mental disorder with associated behavior, but that behavior has not posed, does not currently pose nor will pose a threat to your property, safety or welfare or that of others; or

(d) You had a physical or mental disorder with associated behavior that posed a threat to your property, safety or welfare or that of others, but that behavior is unlikely to recur.

https://esta.cbp.dhs.gov/esta/application.html?execution=e1s1
 
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I would not disclose it on a job application because it is not a disorder any more than being any other harassed minority is a "disorder". If bullies like to pick on you and commit unprovoked violence against you and you resent it, you are not the one with the disorder.
 
Er . . . no one's talking about harassment here. Let's not go off on a tangent. And regardless of what some people argue regarding the identification of autism as a disorder, it is medically and legally defined as one, and I don't think that's going to change anytime soon. Furthermore, disclosure can offer certain job benefits, as my psychologist has informed me. (I'm currently seeking a paid job.) Let's leave the semantics for another thread.
 
Thanks for your helpful responses everyone :) very much appreciated! I think some of the online research I did was making me panic a bit (typical)!
 
I like on the ESTA form that government appears to acknowledge the difference between merely having what constitutes a medical "disorder" versus if or how it might negatively impact yourself or others. That strikes me as being relatively fair and considerate under the circumstances.

Not to mention that the bureaucracy appears to still cut corners for visitors from certain nations. This is good!
 
Not to mention that the bureaucracy appears to still cut corners for visitors from certain nations. This is good!

Are you being sarcastic, or do you really believe this is a good thing? Just asking for clarity's sake.
 
Are you being sarcastic, or do you really believe this is a good thing? Just asking for clarity's sake.

Ereth, I tend to avoid sarcasm. Can't process it consistently.

That said, I do believe in certain concepts like "favored nation status" and goodwill amongst certain specific nations on a long-term basis. Our immigration and naturalization processes tend to parallel such policies. It's just pragmatic IMO.

Such concepts don't necessarily or inherently erode national security concerns, if that's what you are concerned about. Neither can we as a nation appear as a xenophobic, paranoid culture to a global economy.
 
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I don't know much about the UK policies but in the US you don't have to disclouse anything like that until you are offered the job. You can even choose not to at all. However, there may come a time that you might need to disclose or want to for your own sanity and for the ability to have or ask for accommodations at work. Forms are a tricky thing for us. I would recommend someone helping you with the forms if you can. As to US applications for employment they can't make you tell them if you have a disablity. I often do not tell them I have vision issues either until they actually get an interview with me. It helps because then they see you as a person not as your issue.Good luck I hope this helps.
 
Does everyone else usually disclose their autism? I have had the same job for close to 3 years, I think my employers really like me I've been promoted once and have gotten some decent raises.. Sometimes though I think communication with my boss is hindered. The only thing I ever disclosed was my occasional verbal communication issues but that was out of necessity because my boss point blank asked me if I was on medication for bi-polar disorder. On one hand I think it would really help clear some issues especially based in communication but on the other I don't want to negatively effect the way ppl at my office think of me since it seems to be generally favorable, and although my job is mostly just email communications I do have to speak to clients over the phone and I don't want them to think I cant handle that (even though I've been doing it for awhile now you never know)
 
Does everyone else usually disclose their autism? I have had the same job for close to 3 years, I think my employers really like me I've been promoted once and have gotten some decent raises.. Sometimes though I think communication with my boss is hindered. The only thing I ever disclosed was my occasional verbal communication issues but that was out of necessity because my boss point blank asked me if I was on medication for bi-polar disorder. On one hand I think it would really help clear some issues especially based in communication but on the other I don't want to negatively effect the way ppl at my office think of me since it seems to be generally favorable, and although my job is mostly just email communications I do have to speak to clients over the phone and I don't want them to think I cant handle that (even though I've been doing it for awhile now you never know)

I have to admit, I ponder that a lot. At least about corporate jobs I held years ago. If they knew, would I have even gotten the job?

Of course I can't say ignorance of my neurological condition was blissful either. The socialization aspect of the job was brutal for me.

It's a bit frustrating to read about such a wide variety of responses...and legal and labor concerns that vary so much. Keeps me reticent to mention my autism, let alone get formally diagnosed. Seems a better climate in Europe though...just my impression.
 
I suppose it's worth one's time to research a prospective employer just to see if they are a habitual offender, frequently violating the ADA.

Those are the ones probably to avoid like the plague...
 
Yea it would be prudent.. my company is small and relatively young (about 15 years old) so I don't think theres any history to look up. I think its in my best interest to just go with it unless someone takes something I say/do too far out of proportion and basically get forced into disclosing it. Hoping it never comes to that
 
I will never let anyone know at my job. I work with doctors, so it is quite possible that some may have their suspicions, but to disclose would be to put an end to any career advancement. Sure, they would never tell me they promoted someone else because of the aspergers, but people don't understand what is different. I would strongly recommend to anyone to never ever disclose to employers or coworkers. Everyone is an armchair psychologist who thinks a diagnosis dictates your whole potential and your future. Its miserable being misunderstood but I have bills to pay.


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Just got an official answer on this from a Disabilities Officer at my uni: she said that under new laws in the UK, you don't have to disclose disabilities such as AS to your employer before you're offered a job and that if you do choose to disclose it after accepting the job, they can't fire you because of it. I'm sure there would be ways around it for anyone determined to discriminate, but it's reassuring to know that I don't have to disclose it upfront to anyone.

Also as far as I understand, things like insurance for travel, driving, official forms, etc. - you shouldn't need to disclose it, unless you believe your 'disability' proves a particular problem in any of those areas.
 
Yes, you do have to disclose AS to the DVLA, unfortunately. Hopefully, you haven't any co-morbid disorders or mental health problems. Otherwise, the bus pass comes in handy, unless you want to travel in Darlington before 9.30.
As for employers, I haven't disclosed, but you are legally supposed to IF you are asked and they may only do that after offering you the job.
 

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