[blindlaw] FW: The Wall Street Journal: When It Comes to Hiring, Blind Workers Face Bias

Wed Mar 20 20:11:01 UTC 2013

This string of emails has been most interesting.  It reminds me of an
article I wrote over ten years ago which was later published in the Braille
Monitor in March of 2004.  It is called Cab 452 and I paste it below.  I
think we slowly are turning the tide but this discussion should remind us
that we have a long way to go until the day when our society will regard us
full participants who happen to interact with the world in a different way.
I hope you enjoy the below and sorry for the long posting.

Best,
Scott

Cab 452

by Scott C. LaBarre

>From the Editor: Scott LaBarre is a longtime member and leader of the
National Federation of the Blind. He currently serves as second vice
president of the NFB of Colorado. He, his wife Anahit, and their young son
Alexander live in a home in a Denver suburb. The following article appeared
in the twenty-fourth Kernel Book, The Car, the Sled, and the Butch Wax. It
begins with President Maurer's introduction:

Scott LaBarre is president of the National Federation of the Blind's special
interest division for blind lawyers. There are elements of humor and irony
in his story, which illustrates the profound disconnect that, all too often,
still exists between the reality of blindness and the perception of it. Here
is what Scott has to say about Cab 452:

Scott LaBarre 
I am a blind lawyer who owns and runs his own firm. Recently I got married,
and my wife and I are proudly expecting our first child. We also look with
joy towards living in a home that we have just purchased. In other words, I
normally think of myself as the typical young professional starting a family
and pursuing a career.

>From time to time, however, something occurs that reminds me that my
blindness makes me vastly different from the average young American
professional. Even though I have accomplished much in my life, sometimes
people are not able to look past the fact that a blind man is before them,
and when they concentrate so heavily on my blindness, their natural tendency
is to prescribe to me the characteristics they believe a blind person
possesses rather than consider the life I have actually lived.

About a year ago I elected to take a cab home from the office for the
specific purpose of swinging by the dry cleaner to collect a bunch of
clothes I had dropped off the previous day. I needed to collect the clothes
because the next day I was flying off on a business trip in connection with
one of my cases.

After waiting outside of my office building for a short while, Metro Taxi's
Cab 452 came speeding up. Soon after getting into the cab, I realized that
the driver was in a hurry, because he rapidly flew out of the parking lot.
When I told him that I had to make a stop at the dry cleaner, the driver
groaned. Upon later reflection I am certain that I unconsciously adopted
this guy's impatience. So as we rocketed up to the dry cleaner, my desire
was to make the retrieval of my clothes as expeditious as possible.

When he said, "We're here," I quickly opened the door and heard a sickening
"thunk." The driver had parked his size-twelve cab in a size-ten parking
space. You guessed it. I had opened my door onto someone else's vehicle.

As I wriggled myself out of the cab, I heard somebody running up and
screaming, "You (expletive deleted), you scratched my new SUV!" As soon as
this new SUV owner realized that I was blind, he immediately turned his
wrath upon the cab driver. Then began an hour-long ordeal.

My cab driver's first tongue was not English, and the SUV owner's use of the
language was grotesque, to put it kindly. SUV Man screamed at the driver,
"How the (expletive deleted) can you park so close to my car and let the
blind man out there?" Mr. Cab Driver yelled back, claiming that there was no
scratch and that it was not a big deal. He also said, "Give this poor blind
guy a break. He couldn't see your stupid car."

SUV Man kept yelling at Mr. Cab Driver that he better damn well pay for the
repairs. Mr. Cab Driver said, "There is no damage. We're leaving!" SUV Man
replied, "There is no (expletive deleted) way you're leaving. I'm calling
the police!"

>From there the conversation between these gentlemen degenerated quickly
while they hurled vicious insults back and forth. They both went into the
dry cleaner to accost potential eyewitnesses about what had happened. I
followed the quarrelling twosome into the store and attempted to gain their
attention. No one was paying me any mind amidst the raging storm of verbal
putdowns.

We in the National Federation of the Blind often say that we seek to achieve
first-class citizenship for the nation's blind. We also say that with such
first-class citizenship comes first-class responsibility. At the time this
event occurred, I remember feeling at fault for what had happened. I told
myself, "You should have been more cautious and opened the door more
slowly."

I also asked myself what would have happened if I had been a sighted man
getting out of the cab? I suspect that the sighted man would bear the
responsibility for what had transpired as a result of his lack of caution.

On that day I attempted to get the attention of the two men so that I could
discuss with them my role in the whole mess. At first they ignored me
altogether. Finally I stepped in front of SUV Man and handed him my business
card.

As I started to say something to him about the fact that he could call me
about any potential damages, he said, "You don't have to give me your
lawyer's card. You're blind. It's not your fault." Handing the card back to
me, he once again said, "I don't need to talk with your lawyer. This stupid
cab driver will need a lawyer."

Then the cab driver chimed in, "It isn't this blind man's fault. Give the
poor guy a break. And I am not the stupid one."

I then tried to tell both gentlemen that I was, in fact, a lawyer and that
my purpose was to help resolve the dispute. Once again they ignored me and
took their battle outside of the store.

Later the police did, in fact, arrive. The officer examined SUV Man's
vehicle and said that he could see no scratch. The officer spoke with both
gentlemen, and they both described me as "this poor blind guy." The officer
agreed that whatever had happened was "not the blind guy's fault." The
officer never once spoke with me to ask about what had happened.

Finally the ordeal came to an end with both combatants yelling at each other
and getting in a few last insults. On the way home I attempted to tell the
driver of Cab 452 that I felt bad about what had happened. After all, I
opened the door onto SUV Man's prized possession. The cab driver stated over
and over that "Life must be hard, man. It isn't your fault." I tried
repeatedly to explain that my life was fine.

When we got to my home, I left the cab, telling him that his supervisor
could call me at my law office if there were any lingering questions.
Apparently no official action resulted from the incident because I never
heard from anyone regarding the matter.

Several weeks after the event, Cab 452 once again answered my call for a
taxi and again picked me up from my office. The guy immediately said that he
was the driver who had taken me to the dry cleaner, and he launched into an
account of how stupid and ugly SUV Man had been. Then he asked me, "Is that
building your doctor's or counselor's office?" I said, "No," and explained
that I was a lawyer and that the building was home to my office.

The driver of Cab 452 was shocked. He asked me, "You work? Work as a
lawyer?" I again told him what I did for a living, and he repeatedly
commented that he was impressed and couldn't believe it. The incident at the
dry cleaner and the subsequent ride in Cab 452 are not earth-shattering
events but are the kinds of events that remind me that I am not the average
young professional chasing the American dream. Such events force me to
reflect upon the status of blind people in our society.

At the dry cleaner, initially, SUV Man started yelling at me about the
alleged damage done to his car. Once he saw my white cane and realized that
I was blind, all blame instantaneously shifted to the cab driver. Both at
that time and afterwards, the driver made comments that said, in effect,
"Give the poor blind guy a break."

Does my blindness absolve me of all responsibility in this kind of affair?
Arguably, the cab driver probably should not have parked so close to another
vehicle. However, maybe I shouldn't have been in such a hurry. Maybe I
should have opened the door more slowly and carefully. Certainly SUV Man
should not have overreacted and screamed so viciously and made a federal
case out of such a small matter.

Regardless of how much blame should be assigned to the different
individuals, there is no question in my mind that at least part of this
accident was directly attributable to me and my actions. Neither the cab
driver nor SUV Man nor the police officer ever wanted to hold me responsible
in any way. They all agreed that I was faultless because of my blindness.

What struck me even more forcefully is the way these gentlemen reacted to
the fact that I am a lawyer. Their response was disbelief. When I handed SUV
Man my card, he assumed that the card was somebody else's. He did not
consider for a moment that I was the lawyer named on the card. The cab
driver did not understand until much later that I was a lawyer with my own
practice, even though I had explained it several times. When he finally
understood that I practiced law, he was shocked, to say the least.

Blind people have served as lawyers in our country for decades. In fact, the
first president of the National Federation of the Blind, Dr. Jacobus
tenBroek, practiced law and taught at a major university starting in the
1930's. Even though there have been many blind lawyers, the gentlemen
involved in this incident either could not or would not believe that I, a
blind man, was a lawyer.

This phenomenon occurs with quite some frequency as I travel through life.
Not a month goes by without someone expressing absolute surprise that I am
employed as an attorney.

When I became blind as a ten-year-old boy, I literally thought that my life
was over. In my wildest dreams I never imagined that I could pursue a
challenging career, marry a beautiful woman, raise a family, and own a home;
but I am doing all those things. The National Federation of the Blind has
taught me to believe in myself as a blind person. The Federation has also
made me realize that we have an obligation to spread a positive philosophy
about blindness and to educate society about the true abilities of the
blind.

Incidentally, I saw Cab 452's driver recently. His name is Mustafa, and he
now has a much broader understanding of how blind people get along in the
world. After seeing and listening to me enough times, he has learned that
blind persons function in all walks of life and do so well. He is no longer
shocked that I am a lawyer, and my blindness does not seem to be something
unusual to him or something that should be pitied.

Our road to first-class citizenship has been long and hard, but we are
getting there. Person by person, action by action, we change what it means
to be blind. Cab 452 has reaffirmed my conviction that we will realize a day
when the blind are full, first-class citizens in our society. With the work
of the National Federation of the Blind and a society willing to listen,
that day may not be all that far away.
-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Philip
Sklover
Sent: Wednesday, March 20, 2013 1:33 PM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] FW: The Wall Street Journal: When It Comes to
Hiring, Blind Workers Face Bias

I cannot forget the instance several years ago when I hailed a cab outside
my office, wearing a pin-striped suit.   The cab driver ask how long  had I
managed  the news stand  in my building.  At the time, I was the Associate
General Counsel of  a Federal Agency supervising  over 250 attorneys  in 23
offices throughout the country.  Also, Too often, when  I am eating  with a
colleague or my sighted spouse, some serving staff feels that, because I am
visually impaired , I also must be deaf as well.   The server asks my
companion what I wish to order.  

	As a society, we have a long way to go.

Phil

Philip B. Sklover

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Angela
Matney
Sent: Wednesday, March 20, 2013 3:19 PM
To: 'Blind Law Mailing List'
Subject: Re: [blindlaw] FW: The Wall Street Journal: When It Comes to
Hiring, Blind Workers Face Bias

I once had an HR person begin by welcoming me, progress to talking about
someone with intellectual disabilities who was performing another job, and
conclude with, "I've been saying for a long time now that we need to hire
the handicapped--they're really quite trainable."

I have also had attorneys (with whom I have engaged in extensive email
conversations) ask if I can read email.

Angie

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-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Ross Doerr
Sent: Wednesday, March 20, 2013 3:13 PM
To: Blind Law Mailing List
Subject: Re: [blindlaw] FW: The Wall Street Journal: When It Comes to
Hiring, Blind Workers Face Bias

Susan, I can relate to everything you say about your experiences.
I had one attorney, a gentleman who had been the attorney general of the
State I was living in at the time, ask me, and this is a direct
quote:
"Did you take the real Bar Exam, or one of those tests for handicapped
people?"
He compounded things by asking me a follow up question, again a direct
quote:
"Have you learned how to use a telephone yet?"
The two foregoing quotes were spoken to me during a job interview with him.
There are just no words.
This is not unusual in my experiences over the past 25 years.
I would hasten to add that education of such individuals is not as easy as
it may sound. It requires a degree of patience and personality management
that can tax your blood pressure medications.
Sighted coworkers or counterparts find this aspect of blindness to be so
alien as to be questioned as being the truth.
I recall explaining the barrage of adaptive software and hardware that I
brought into my office with me when I began my last job, to the office
administrator. She was completely confused as to why I needed to kow so much
about "other software" compared to sighted lawyers in the office. That in
itself was an exercise in education.
So, while "we" need to educate the hiring public and calm their fears, the
entire exercise pre-supposes that they want to hear it in the first place.
IE: it really takes people out of their comfort zone.
I'm sure I haven't said anything here that most on the list have not heard
or experienced to one degree or another on their own.
I'd close by suggesting that being a blind professional requires more
patience and tact than a sighted counterpart, and also requires one to hold
in frustration and at times, curb their temper owing to the hiring public's
lack of education and resistance to being educated.

----- Original Message -----
From: "Susan Kelly" <Susan.Kelly at pima.gov>
To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Wednesday, March 20, 2013 2:31 PM
Subject: Re: [blindlaw] FW: The Wall Street Journal: When It Comes to
Hiring,Blind Workers Face Bias

> The public truly does have many misconceptions that need to be 
> corrected at every opportunity.  I am lucky that I was already 
> employed when things went from bad to much worse vision-wise, but the
reaction of
> co-workers and others at court was astounding.   Otherwise intelligent
> and compassionate people asked me such questions as "how long will 
> they let you keep working?" and "why don't you just kick back and 
> collect the SSI benefits?"  As a young woman with student loan debts, 
> a newish house, and most importantly, a brain and self-respect, it has 
> been difficult to avoid questioning their intellectual abilities!
>
> -----Original Message-----
> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Rod 
> Alcidonis, Esq.
> Sent: Wednesday, March 20, 2013 11:00 AM
> To: Blind Law Mailing List
> Subject: Re: [blindlaw] FW: The Wall Street Journal: When It Comes to 
> Hiring,Blind Workers Face Bias
>
> The study did not tell me much I did not know. I always know that 
> companies have been putting up a show by hiring a few blind employees 
> to make themselves look good but not really because the person was the 
> "most qualified for the job." It hurts when one knows that he/she did 
> not get a job and it was because of his/her blindness and not due to a 
> lack of qualification. I have been there and it feels terrible.
>
> The organized blind movements must seriouslly consider enhancing the 
> approach at educating the public about blindness to also focus on 
> employment. There is a serious lack of understanding out there. Crazy.
>
> Rod Alcidonis, Esq.
> Alcidonis Law Office
> 2824 Cottman Avenue
> Suite 15
> Philadelphia, PA 19149
> O: (215) 305-8085
> Attorney at alcidonislaw.com
> www.alcidonislaw.com
>
> Personal injury, Immigration, and No-fault divorce/custody 
> -----Original
> Message-----
> From: Michael Fry
> Sent: Wednesday, March 20, 2013 11:43 AM
> To: Blind Law Mailing List
> Subject: Re: [blindlaw] FW: The Wall Street Journal: When It Comes to 
> Hiring, Blind Workers Face Bias
>
> An interesting article.  Thanks for posting it.  The reality is that a 
> visually impaired person trying to get hired has an uphill battle that 
> is almost unimaginable to most of the general work force.
>
> I have a job as a government attorney.  I am so grateful for it.  I'm 
> leaving it, however, since I'm moving because my wife was accepted 
> into a great business school across the country.  I am so worried that 
> I won't find another job, especially as an attorney.
>
> When I weight all the factors, it's clear that she and I are making 
> the right move.  Nonetheless, this terrible anxiety about finding a 
> new job is a direct result of my visual impairment.  If I had normal 
> vision, finding a new job would be so much easier than it is going to 
> be because of my visual impairment.
>
> Has anyone ever had the experience of going from practicing law to the 
> Business Enterprise Program?  Is any one in the business enterprise 
> program?  If so, what is your experience with it?  How much money does 
> a BEP person make?
>
> Mike
>
> On Wed, Mar 20, 2013 at 6:02 AM, Norman, Gary C. (CMS/OSORA) < 
> Gary.Norman at cms.hhs.gov> wrote:
>
>>
>>
>> >-----Original Message-----
>> >From: aavia at googlegroups.com [mailto:aavia at googlegroups.com] On 
>> >Behalf Of Barrett, Pshon (USAMSS)
>> >Sent: Wednesday, March 20, 2013 8:59 AM
>> >To: aavia at googlegroups.com
>> >Subject: FW: The Wall Street Journal: When It Comes to Hiring, Blind
>> Workers
>> >Face Bias
>> >
>> >
>> >
>> >-----Original Message-----
>> >From: FedAccessibility at yahoogroups.com 
>> >[mailto:FedAccessibility at yahoogroups.com] On Behalf Of Jamal Mazrui
>> >Sent: Tuesday, March 19, 2013 4:37 PM
>> >To: 'fedaccessibility at yahoogroups.com'
>> >(fedaccessibility at yahoogroups.com)
>> >Subject: [FedAccessibility] FW: The Wall Street Journal: When It 
>> >Comes to Hiring, Blind Workers Face Bias
>> >
>> >
>> >
>> >The Wall Street Journal: When It Comes to Hiring, Blind Workers Face 
>> >Bias
>> >
>> >
>> >
>> >
>> >When It Comes to Hiring, Blind Workers Face Bias
>> >
>> >
>> >The Wall Street Journal
>> >
>> >*         March 18, 2013, 10:27 AM
>> >
>> >
>> >
>> >By Leslie Kwoh
>> >
>> >When it comes to hiring blind employees, many employers remain
> skeptical.
>> >
>> >Bosses often assume blind workers cost more and produce less, 
>> >according to a new study. They also believe blind workers are more 
>> >prone to workplace accidents and less reliable than other workers.
>> >The study, scheduled to be released this week by the nonprofit 
>> >National Industries for the Blind, polled 400 human-resources and 
>> >hiring managers
>> at
>> >a mix of large and small U.S.-based companies. The group 
>> >commissioned
>
>> >the survey, in part, to shed light on why roughly 70% of the 3.5 
>> >million
>> people
>> >working-age Americans are not employed. (Legally blind Americans are 
>> >eligible for Social Security disability, according to NIB.)
>> >
>> >NIB president and chief executive Kevin Lynch described the survey 
>> >results as a "terrible surprise." With the exception of certain jobs 
>> >that require driving or steering, "there are very few jobs that a 
>> >person who's blind
>> is not
>> >capable of doing," he says.
>> >
>> >
>> >
>> >The findings reveal a disconnect between what employers say and what 
>> >they do. While the majority of executives claim they want to hire 
>> >and
>
>> >train disabled workers, many view blind workers as an inconvenience.
>> >
>> >Hiring managers tended to be slightly more negative than 
>> >human-resources managers, but overall results were similar.
>> >
>> >*         Among hiring managers, most respondents (54%) felt there
> were
>> few
>> >jobs at their company that blind employees could perform, and 45% 
>> >said accommodating such workers would require "considerable expense."
>> >
>> >*         Forty-two percent of hiring managers believe blind
> employees
>> need
>> >someone to assist them on the job; 34% said blind workers are more 
>> >likely
>> to
>> >have work-related accidents.
>> >
>> >*         One-quarter of respondents said blind employees are "more
>> sensitive"
>> >than other employees; the same percentage said they were "more 
>> >difficult to supervise."
>> >
>> >*         Twenty-three percent of hiring managers said blind
> employees
>> are not
>> >as productive as their colleagues, and 19% believe these employees 
>> >have a higher absentee rate.
>> >
>> >Blindness is largely absent from corporate conversation about 
>> >employees with disabilities with the exception of sporadic lawsuits:
>> >Last August, Hawaiian Electric Co. agreed
>> ><http://finance.yahoo.com/news/hawaiian-
>> >electric-settle-discrimination-lawsuit-140923965.html>  to pay
>> >$50,000 to settle a discrimination suit by a partially blind 
>> >employee, the AP
>> reported.
>> >And in December, Bloomberg reported that a blind ex-banker at the 
>> >Royal Bank of Scotland Group 
>> ><http://online.wsj.com/public/quotes/main.html?type=djn&symbol=RBS.L
>> >N
>> >>  lost a suit <http://www.businessweek.com/news/2012-12-11/blind-
>> >banker-loses-rbs-discrimination-lawsuit-at-u-dot-k-dot-tribunal>
>> >banker-loses-rbs-discrimination-lawsuit-at-u-dot-k-dot-tribunal> see 
>> >banker-loses-rbs-discrimination-lawsuit-at-u-dot-k-dot-tribunal> k 
>> >banker-loses-rbs-discrimination-lawsuit-at-u-dot-k-dot-tribunal> ing
>> >disability benefits.
>> >
>> >Rarer still is news about companies like apparel business SustainU, 
>> >based
>> in
>> >West Virginia, which hires blind and visually impaired employees to 
>> >man
>> its
>> >factory, according to the New York Times
>> ><http://www.nytimes.com/2012/03/25/business/sustainu-an-apparel-
>> >maker-turns-to-blind-workers.html?_r=0> . The company said there was 
>> >no difference in the cost and quality of its goods when compared to 
>> >that of other U.S. manufacturers.
>> >
>> >Companies may have to invest some money to provide "reasonable 
>> >accommodations" for a blind employee, as required by the Americans 
>> >with Disabilities Act. However,  says NIB's Lynch, many computers 
>> >and
>
>> >smartphones already have built-in features that enable users to 
>> >change
>> font
>> >size and light intensity. Installing voice technology that allows
>> computers to
>> >"read" text to a blind employee costs just $1,500 to $2,000, he says.
>
>> >The American Foundation for the Blind has estimated 
>> ><http://www.afb.org/section.aspx?FolderID=2&SectionID=7&TopicID=116&
>> >S ubTopicID=70&DocumentID=2887>  that 88% of employee accommodations 
>> >cost less than $1,000.
>> >
>> >As for health insurance, company rates are determined by the number 
>> >of incidents among the entire group - not individual employees - no 
>> >evidence suggests that blind employees incur more costs than other
> workers, Mr.
>> >Lynch says.
>> >
>> >Blind employees may also be more loyal than most, he adds. A DePaul 
>> >University study 
>> ><http://www.disabilityworks.org/downloads/disabilityworksDePaulStudy
>> >C o mprehensiveResults.pdf>  from 2007 found that employees with 
>> >disabilities were likely to stay on the job four months longer, on 
>> >average, than employees without disabilities.
>> >
>> >The study also found that workers with disabilities took 1.24 fewer 
>> >scheduled absences than non-disabled workers during a six-month
> period.
>> >But they took, on average, 1.13 more days of unscheduled absences.
>> >
>> >
>> >
>> >
>> >
>> >__._,_.___
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