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

Marcos Rodrigues mrodrigues81 at hotmail.com
Thu Mar 21 01:27:56 UTC 2013


Hi folks:

This discussion is, in fact, very interesting.

I have, here in Brazil, the same reactions described by you either when I go to court or tell people I am a lawyer.

Regards.	
Marcos Rodrigues
mrodrigues81 at hotmail.com



Em 20/03/2013, às 17:11, Scott C. LaBarre escreveu:

> 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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