Autism and Workplace Discrimination: Victories and Shortcomings

Anonymous Submission, Edited by Yoonjung Choi

While autism accounts for merely 1% of the population at large, about 60% of autistic adults maintain part- or full-time employment [1]. Unfortunately, many face discrimination on the job and in the hiring process due to their differences. 
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​A recent case of this discrimination was recently won by plaintiff Cardone of New Jersey against JDKD Enterprises, a restaurant franchise ownership group, after being fired purely on the grounds of his autism diagnosis after he had worked as a line cook for 37 years with excellent performance at that location. When new owners took charge of the restaurant in 2018, they quickly terminated Cardone upon finding out about his condition. It is noted in the case that his vocal modulation and volume were part of his firing criteria, however, it is consensus across the field of psychology that autism often is associated with difficulty in communicating, whether it be in vocal difficulties or gesture production. After a long legal battle, Cardone is receiving $100,000 in compensation and the JDKD Enterprises will be made to undertake staff training in reasonable accommodations and implicit bias reduction provided by the U.S. Equal Employment Opportunity Commission (EEOC) [2].

According to the CDC, 5.4 million adults in the U.S. are autistic [3], and with some basic math using previous statistics, that results in 3.2 million employed autistic individuals. Millions of people run the risk of being the next Cardone; it is more crucial than ever to ensure their rights are protected and that workplaces are places where their needs are being met. Sadly, according to large-scale surveys and smaller focus groups reporting on a range of autistic individuals’ experiences at work, many negative instances define the trends [4]. These range from coworkers holding stereotyping beliefs and consequently “shunning” autistic employees to job interviewers writing off their years of experience and strong references merely on the basis that they  for example, took longer to think about questions than was “traditionally appropriate.”[5].

The Americans with Disabilities Act prohibits discrimination as follows [6]: Businesses and employers cannot discriminate against qualified individuals with disabilities in any aspect of employment, including hiring, advancement, or termination. They must provide reasonable accommodations to known physical or mental limitations unless doing so would cause undue hardship.
One of the most acute needs is to clarify the following: it is discrimination when someone with autism is taken out of the hiring pool based on the mere perception of their autism in a job interview, when they are passed over for promotion because their coworkers appear to dislike them, or when they are not given reasonable breaks from socially pressuring duties on the job (as autism primarily impacts social presentation in communication and physical behavior). Going back to our discussion earlier, Cardone’s case laid a strong precedent for legal action after unfair firing, but there is still much to be done to make interviewing and hiring processes more accessible, and in making  work environments less hostile.

The clarifying ADA protections and encouraging workplace participation of autistic people benefits not only the individuals in question but also coworkers and businesses at large. According to the Harvard Business Review, autistic professionals whose accommodation requests are met and who are reasonably suited to their role are 140% more productive than non-autistic professionals in the same position [7]. Autistic brains are primed for focus and detail orientation, where their experience is similar to that of “flow state”, or the long-coveted deep focus on one thing at a time [8]. That is not to say autistic people are superhuman–but that their brains produce both benefits and difficulties.

To conclude, I leave you with the words of Lydia X.Z. Brown, an autistic lawyer and activist. “Each of us must use whatever resources we have to fight against oppression in all its forms. All tactics and contributions are necessary and valuable.” Cardone’s quiet activism was simply partaking in work as he had the right to and fighting back when that right was taken away; everyone can do something to make the world more accessible and accepting.
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A Note On Language: The author of this piece is autistic and uses identity-first language to describe autistic people. This reflects the current consensus amongst disabled community members that identity is not separable from the individual and that disability status is not something to be ashamed of. 

The opinions and views expressed in this publication are the opinions of the designated authors and do not reflect the opinions or views of the Penn Undergraduate Law Journal, our staff, or our clients.
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Works Cited
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[1] Employment of People on the Autism Spectrum: A Fact Sheet. Philadelphia, PA: Drexel University, A.J. Drexel Autism Institute, 2015. https://drexel.edu/~/media/Files/autismoutcomes/publications/LCO%20Fact%20Sheet%20Employment.ashx.
[2] Rosales, Amanda. "McDonald's Franchisee Settles EEOC Suit in $100K Deal." Law360, October 21, 2022. https://www.law360.com/employment-authority/articles/1559342/mcdonald-s-franchisee-settles-eeoc-suit-in-100k-deal.
[3] Centers for Disease Control and Prevention. "Autism Spectrum Disorder (ASD): Adults Living with Autism Spectrum Disorder." Last reviewed August 25, 2022. https://www.cdc.gov/autism/publications/adults-living-with-autism-spectrum-disorder.html.
[4] Rentería, Melissa. "Autism Discrimination in the Workplace: A Persistent Issue." Medical News Today, January 14, 2022. https://www.medicalnewstoday.com/articles/autism-discrimination-in-the-workplace.
[5] Murphy, Kate. "New Study Highlights Barriers to Work for Autistic Adults." The News & Observer (Raleigh, NC), January 2, 2022. https://www.newsobserver.com/news/state/north-carolina/article257011612.html.
[6] U.S. Equal Employment Opportunity Commission. The ADA: Your Responsibilities as an Employer. Accessed October 31, 2024. https://www.eeoc.gov/publications/ada-your-responsibilities-employer.
[7] Florey, Jeff. "Autism Doesn’t Hold People Back at Work—Discrimination Does." Harvard Business Review, December 9, 2021. https://hbr.org/2021/12/autism-doesnt-hold-people-back-at-work-discrimination-does.
[8] Fillis, Morgan, et al. "A Review of Employment Outcomes for Autistic Adults in the Workforce." Frontiers in Psychology 13 (2022): Article 957996. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9579965/.