[blindlaw] requiring a Driver's License as a pre-requisiteto employment as an attorney

[Terry D. Eagle]

It doesn't matter what the state of Arizona or any other employer has in
mind, if a driver's license, in other words, driving a vehicle is not an
[quote] "essential function" [unquote] of a position, it is illegal and
discriminatory to require applicants to poss	ess a valid driver's
license.

I once saw a technical assistance directive to personnel directors,
published by the EEOC (Equal Employment Opportunity Commission), that
spelled out such a violation of the ADA (Americans with DisAbilities Act).
The directive even used an example of a sewer inspector position, stating
that driving is not an [quote]  "essential function" [unquote] of a sewer
inspector, and therefore, is discriminatory to require any applicant to
possess a valid driver's license as a position qualification.

Unfortunately, as stated here, government entities are the worse serial
violators of such non-discrimination provisions of the law, along with the
mentioned inaccessibility of the required online application process.

So much for equality, opportunity, and independence for blind persons and
other persons with disabilities, unable to possess a driver's license.

 

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Michal
Nowicki via blindlaw
Sent: Monday, June 15, 2015 6:54 PM
To: 'Blind Law Mailing List'
Cc: Michal Nowicki
Subject: Re: [blindlaw] requiring a Driver's License as a pre-requisiteto
employment as an attorney

Hello everyone,

Perhaps, as Yasmin suggested, the state of Arizona uses the term "driver's
license" to refer to all forms of picture identification.  After all, unlike
in other countries, where all citizens must obtain a national ID card, a
driver's license functions as a valid form of identification in the United
States, and most Americans have a driver's license.  While this does not
justify Arizona's discriminatory language, there is at least a legitimate
possibility that the state does not mean to weed blind attorneys out of
public legal posts through this requirement.  If that is the case, maybe it
will not be a barrier to employment, even if the government is unwilling to
amend the language.

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Olusegun --
Victory Associates LTD, Inc. via blindlaw
Sent: Monday, June 15, 2015 4:25 PM
To: Blind Law Mailing List
Cc: Olusegun -- Victory Associates LTD, Inc.
Subject: Re: [blindlaw] requiring a Driver's License as a pre-requisite to
employment as an attorney

Hello Susie:

Government is the most notorious organ ever created by humans that never
thinks before it speaks!  Government takes delight in letting out a lot of
hot hair until its courts tell it to quit being silly.  I personally don't
understand or know how the posession of a driver's license should translate
to mean that I'll do a good job at work, but again, it's government!

Yes, they'll call me subversive for daring to express my views!  So be it, I
guess.

Notice how government has managed to consistently exempt itself from the
general provisions of the ADA?  If this is NOT THE CASE, why are there so
many government websites here in the state of Colorado that ARE ABSOLUTELY
NOT accessible and finding a person to talk to about these sites is NEXT TO
IMPOSSIBLE?

As I write this, I am preparing to CHALLENGE the City & County of Denver in
court for failing to make it ONLINE BUSINESS, OCCUPATIONAL PRIVILEGE and
SALES TAX licenses filing apps inaccessible.  Same goes for the state of
Colorado's Revenue Online website.

It's always easy to take on small businesses and other private entities for
failing to meet ADA provisions, but government always gets unscathe! 
Wonderful, two wrongs truly don't make a right, and government can continue
committing both wrongs!

Sincerely,
Olusegun
Denver, Colorado 


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