Elon Musk Gets Discriminated Against by Spacex Employeees
Absent intent or authority as legal advice.
The New York Times just released an article titled SpaceX workers write letter to executives with concerns about Elon Musk’s tweets. I am going to quote from it under fair use. Feel free to follow the link if you want to read it in its entirety.
Elon Musk has Aspergers, more commonly referred to as ASD. There are many traits to ASD, but one trait in particular is social awkwardness.
The letter penned by the employees, and proclaimed as an “open letter” is discriminatory beyond belief. They say: “Elon’s behavior in the public sphere is a frequent source of distraction and embarrassment for us, particularly in recent weeks.”
It also says ““SpaceX must swiftly and explicitly separate itself from Elon’s personal brand,”
This is problematic, because Title I of the ADA, which covers employer/employee regulations, has many references to the confidentiality of disability matters. While it is disclosed that Musk has ASD, the “open letter” discussing how they feel about his actions, which are directly tied to his ASD, is discriminatory, and it includes the prohibited actions found in 29 CFR §1630.12(b).
I’d posit that the open letter is a disturbing example of coercion, intimidation, threats, harassment, and interference with Musk’s ability to equally access life as a CEO.
They’re demanding to separate because of his behavior. And instead of taking this up privately, they publish an open letter?!?! Whoever had this idea needs to be fired in my opinion.
To call out behavior that is disability related, and then demand separation could not be more damning for these people that could have embraced the impressive ability of someone with ASD to rise to the heights he has (play on words intended).
Instead of saying “We have a CEO that has a disability and we’re proud to be setting trends in space exploration”, they instead chose to discriminate, shame, and employ every prohibited act in Title I of the ADA. And they breached confidentiality of disability matters to do it.
Elon’s job as CEO, if it has any agreements relating to his reflection on the company of SpaceX, should be revisited to make sure that it isn’t discriminatory on the basis of disability, in my opinion.
And Elon should spank the fuck out of these rogue employees. (Legally)
P.D., JAY V SHORE, as Certified ADA Advocate
