Illegal, if you can prove it. So functionally, legal.
> "I have diagnosed high-function autism. Do I disclose?"
Nope. There's zero reason to disclose until there is an actual barrier that can fall under ADA.
And ADA isn't a guarantee you'll get what you need, it is asking the employers for a modification, one which they don't have to grant if they have a legitimate reason.
The worst part: It's a tax writeoff like all the other business expenses they're so happy to buy without question. Sometimes it's even covered by grant money.
You can thank the existence of every single independent company to the existence of that tax writeoff you find so unfortunate.
I actually was just having to navigate that/short term disability as I'm coming off missing about 3.5 weeks from an extended period of extreme unpleasantness that ended in me getting my gallbladder 86'ed last week.
ADA potentially but a lot of my stuff basically boils down to "being out of the house and active is both physically and mentally draining and more likely to get me sick with some random thing". So the reasonable accommodation is basically remote work (I'm a software dev, which is about as remote-friendly a career as it gets).
https://www.dol.gov/agencies/odep/program-areas/employers/ac...
Your employer may find WFH unreasonable and deny it. Or they may find it reasonable and let you go for it.
But there are no "general rules" when it comes to ADA work accommodations.
I don’t think anything you said contradicts what I have been told, though maybe I didn’t explain it very well.
Any law that requires an employee to negotiate with their employer would seem to be a rather toothless law given the power imbalance involved. Maybe that’s the larger problem.
Picking out WFH as 'not protected' is largely meaningless. This is why it is called _reasonable_ accommodation, not _required_ accommodation.
As with any job, how you do your job, where you do your job, etc. can change based on the number of farts the CEO has passed today.
Yes, worker protections in the US are abysmal. You'll never find me arguing otherwise.
To give one example... about 2 years ago I had to spend about 10 months on near-total bed rest to get a healing-resistant foot ulcer to finally heal. I was able to work from bed for almost all of that. If I'd been working an office job it basically would have been a choice - keep my job, or keep my foot.