[blindlaw] Federal law and working in large restaurant kitchens?

[ray wayne]

I am aware of no such provision. In general, the "direct threat" defense must be based on real evidence, which the employer has the burden of proving, not just the assumption that a blind person using a knife would pose a threat to himself or others. 
Ray Wayne 


----- Original Message -----
,f3 ,kirt ,manw>+ <kirt.crazydude at gmail.com>
,to3 ,,nfb,'net ,bl ,law ,mail+ ,li/ <blindlaw at nfbnet.org>,
Date: Sunday, Dec 23, 2012 18:53:46
Subject: [bllaw] Federal law and working in large restaurant kitchens?

>
>
> Hello list,
>   My name is Kirt Manwaring.  Up until now, I've had no real need to
> post to this list (even though I've thoroughly enjoyed watching the
> discussion that's taken place here), but I have a question that's
> recently come up regarding the legality of a totally blind person
> working in the kitchen of a large fast-food restaurant.  There is a
> good chance I'll be hired by a local Macdonalds that is owned by a
> close family friend; all things considered, he's fairly willing to
> give me a fair shot, as far as I can tell.  However, he just informed
> me that, due to federal law, I would be unable to do things in the
> industrial kitchen that would conceivably threaten my safety or the
> safety of those around me.  As an example, he said I would be unable
> to make a salad, because I would be using a knife and, acording to
> federal law, me using a knife in a kitchen of a large restaurant poses
> a safety risk.  I probably won't fight it, because this is only a
> temporary job and I doubt I would make any progress, but I'm just
> curious if my family friend is correct, or if Macdonalds is simply
> misinterpreting the direct threat portion of the ADA.  Any thoughts
> would be very much appreciated.
>   Cordially submitted,
> Kirt Manwaring
> 
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