[blindlaw] Valid driver's license anyone? When is an exclusionary employment qualification discriminatory?

Tue Aug 2 17:37:51 UTC 2016

Paul,
I agree with you and in fact, there are many jobs in social work, teaching of blind and visually impaired students and many others, that express this requirement. When I instruct people who are blind or non-drivers because of disability, regarding these provisions, I assert that unless driving is an essential function of the job, this requirement should not exist. I think that the essential function for the job that Elizabeth highlights here is, as you say, getting to appointments in a timely manner and in an area like metro Seattle, the distances can be significant . I think too though that Elizabeth is right far too often that people using a cane or dog get screened right out of those opportunities because of the lack of a valid driver's license. In my professional life, I have had many conversations with blind people brainstorming ways they can seek accommodations for the inability to drive. It seems to me though that there is a comfort in paying parking, paying mileage and so forth, pretty much regardless of the size of the entity. I think that many of those entities would be less comfortable with the person who states that she just needs her UBER trips while at work paid or wants to hire a driver for those times outside of work or pay cab receipts. Right here in my small state agency, most of my employees, all are sighted and drive, think nothing of driving down town for meetings, paying $15 or more for parking while there and billing for the entire amount. Uber to and from would cost the same amount but I think many would question that as a reasonable reimbursable expense. I have not looked at the case law, as I don't really need to do much of that in my daily life, but I am not aware of cases that sought to address this issue. If I am right about the lack of case law, several reasons come to mind over the 26 years of ADA and perhaps 504 of the rehab act before, but it does surprise me a bit.
Jim McCarthy

-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Paul Wick via BlindLaw
Sent: Tuesday, August 02, 2016 1:20 PM
To: Blind Law Mailing List
Cc: Paul Wick
Subject: Re: [blindlaw] Valid driver's license anyone? When is an exclusionary employment qualification discriminatory?

Elizabeth,

Non-lawyers do run into this all the time. I've been looking for work outside of the law for a while now, and I've still received interviews for positions that listed valid drivers license as a requirement. All they really care about is if you have reliable transportation. The requirement for the job with King County actually makes some sense given how huge it is; it's not like there's a bus that goes to Black Diamond.

Best,
Paul

Sent from my iPhone

> On Aug 2, 2016, at 9:58 AM, Elizabeth Rene via BlindLaw <blindlaw at nfbnet.org> wrote:
> 
> Hi all,
> Within the last week, I, an attorney, have encountered two job announcements listing the possession of a valid driver's license as a basic requirement. TeamChild's staff attorney must have one, along with access to a vehicle, "to meet client and agency needs throughout the county." The City of Seattle's Deputy Hearings Examiner must have one, along with proof of an exemplary driving history, to serve Seattle and smaller, contracting cities. 
> No driver's license on your résumé? No second look.
> How many others have encountered this barrier posing as a BFOQ?
> One could argue that driving a car isn't an essential function of law practice, but the definition of law practice and the determination of how client needs must be met have fluid boundaries. Get two lawyers together to order cheese pizza and they'll argue over what makes the best crust - and they're friends! What if they don't want you at the table?
> Blind non-lawyers must run into this problem every day. Sad to say, some employment-lawyer colleague of mine has helped create it.
> Having a valid driver's license has got to be just one of many required job qualifications (seeming   needful to someone at the workplace) that tell the cane-carrying job seeker, "Blind people need not apply."
> All of this more than 25 years post-ADA and more than 40 years after the passage of our own Law Against Discrimination.  
> In this era of "No telephone calls please" and computer-based applicant screening, we need an effective way to expose and confront discriminatory minimum job qualifications, short of having a direct pipeline to the EEOC, that will actually result in paid employment.
> Suggestions anyone?
> Best regards,
> 
> Elizabeth M René 
> Attorney at Law 
> WSBA #10710 
> KCBA #21824
> rene0373 at gmail.com 
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