Boris
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Boris, mid-50s, is autistic and receives a Disability Support Pension. He describes himself as autistic, not ‘a person with autism’.
‘That insinuates it’s a disease, like a person with cancer or a person with HIV or with COVID, just to be topical. It’s not right. We are autistic. I call myself an autistic person for that reason. That’s how I self-identify and that is in my opinion at least truthful.’
The last time Boris had a full-time job was 25 years ago. He told the Royal Commission he lost that job because of discrimination.
The job, which he started prior to having a diagnosis, was in an Australian Government training program.
He received his diagnosis six months into the role. When he told his manager about it, she ‘completely changed her behaviour’.
‘She ceased to be cooperative entirely and I was subjected to what I see now as the bullying that is typical of [that department].’
The office of the Commonwealth Medical Officer (CMO) became involved and prepared a report about Boris that eventually led to his dismissal from the training program. It was because of his social skills, Boris said.
‘I tried to take it to the Human Rights Commission but basically the message was [the training program] did the right thing because of the unjustifiable hardship clause of the Disability Discrimination Act.’
The clause states that employers are not required to make adjustments to their workplace for people with disability if they can prove that an adjustment would be too expensive, difficult, time consuming or cause some other hardship.
‘I am of the very firm view that that particular clause is being abused against the disability community in general, but in particular … against the autistic community because of our issues with social skills. And there are some jobs where unjustifiable hardship is justified and that’s in jobs in retail and hospitality. In other words, jobs where you are dealing on a regular basis as an inherent part of the job with the general public. You can’t control the general public,’ said Boris. ‘Fellow employees, on the other hand, it’s a two-way street.’
Boris believes the CMO’s report has left him unemployable.
‘If you can’t work for the public service you can’t work for anybody. That’s the – that was the saying that was around and I think it’s still valid now. And that is basically the reason why I haven’t worked full-time since.’
He sees it as a ‘50/50 situation’.
‘We should not expect society to adjust to us 100 per cent … We need to meet in the middle. Society has to do their share but we’ve got to do our share as well within reasonable parameters. I’m prepared to do it.’
Boris wants to see the unjustifiable hardship clause in the Disability Discrimination Act strengthened to require employers to do more.
‘They do it too easily, particularly when it comes to social skills. When it comes to – to the employability of a person. That’s what cost me my job.’
Disclaimer: This is the story of a person who shared their personal experience with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability through a submission or private session. The names in this story are pseudonyms. The person who shared this experience was not a witness and their account is not evidence. They did not take an oath or affirmation before providing the story. Nothing in this story constitutes a finding of the Royal Commission. Any views expressed are those of the person who shared their experience, not of the Royal Commission.