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

[Ross Doerr]

Hello Kirt:
I cannot say that I have heard that one in a very long time. The logic of 
the interpretation of any federal law that you relate in your post is not at 
all accurate and is, in my view, discriminatory. Were that logic to be 
widely accepted, any blind person doing a job involving a knife or using one 
at home would be subject to review by an authority under this law he is 
referring to.
You note that he is a family friend and this would be a temporary job, so 
your reluctance to pursue the matter is understandable. Often preserving 
family peace is a very good idea in the long run.
But no, his interpretation of federal law is, in my opinion, inacurate.
 Employers who say things like that have usually spoken with someone who 
related a horror story of some sort where an individual with a disability 
either sufferred horrible injury on the job or sued some employer into 
bankruptcy on the basis of some ridiculous legal claim, and such tales of 
horror are rarely verifiable.
I have used sharp knives for a very long time in my home kitchen as well as 
in cooking classes that I used to teach when I worked at a nonprofit 
association for the blind teaching home skills.
Yes folks, in addition to being an attorney I used to teach cooking classes. 
I am also an avid collector of swords.
Nobody in any of my classes ever cut their fingers  nor did they injure 
anyone around them with one.
This posting is an interesting one to me because I had thought statements by 
employers such as this one had long since fallen by the way side. Sadly I am 
wrong.
Since today is Christmas Eave, I send my holiday wishes out to you Kirt, and 
to everyone else on this list.
May you have a wonderful Christmas and Happy New Year.
Ross A. Doerr Attorney at law
"Eat, drink and be merry, the diet doesn't begin until January 2"

----- Original Message ----- 
From: "Kirt Manwaring" <kirt.crazydude at gmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Sunday, December 23, 2012 6:53 PM
Subject: [blindlaw] 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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