[blindlaw] BlindLaw Digest, Vol 169, Issue 18 /blind notaries
Bruce Naccari
bnaccari at gmail.com
Tue Jun 26 16:54:37 UTC 2018
In Louisiana all lawyers can apply to be and be commissioned as
notaries for life. I was a notary before I was legally blind and
before I was totally blind and have acted as a notary when legally
blind and when blind without any problem and with no objections
from anyone and with knowledge of judges and know of at least one
other who did the same. To give some realistic context I would point
out that there are likely and likely have been "sighted" notaries so
myopic they could not visually compare the face across the table to
an ID photo nor see the face being linked by appropriate joints to
a hand that was signing;and in LA with commissions for life I 'd
bet with near certainty elder lawyers continuing to practice law
likely have continued to notarize who are nearly or actually
legally blind with age-related causes who just casually rely on aides
to check IDs of signatories and any witnesses .....
On 6/26/18, blindlaw-request at nfbnet.org <blindlaw-request at nfbnet.org> wrote:
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> Today's Topics:
>
> 1. Can you be required to waive ADA in an employment context
> (Farber, Randy)
> 2. Re: Can you be required to waive ADA in an employment context
> (Angela Matney)
> 3. Re: Can you be required to waive ADA in an employment context
> (Scott C. Labarre)
> 4. Visually impaired notaries? (Susan Kelly)
> 5. Re: Visually impaired notaries? (rodalcidonis at gmail.com)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Mon, 25 Jun 2018 21:17:27 +0000
> From: "Farber, Randy" <rfarber at jw.com>
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Subject: [blindlaw] Can you be required to waive ADA in an employment
> context
> Message-ID: <ec31d8cb4e984a4d8e36d50ceb22d4e6 at jw.com>
> Content-Type: text/plain; charset="windows-1252"
>
> This is a bit out of my field of practice, so I thought I would see if any
> of you have had any experience. I have a potential client, who is being
> hired by a company that operates hospitals in several states. She went to
> the hospital for her routine physical (and I assume drug test) for
> employment. They required her to complete a full medical history asking
> about diseases and illnesses. The problem, is that they required her to
> sign a consent to release not only the physical and drug test results, but
> to release ALL of her medical information, including any disabilities. I
> can understand having to release the results of the drug test and whether
> she is physically fit to work, but releasing everything?
>
> The primary question for this list is whether requiring her to release
> information about a disability is in violation of the ADA? Does it make a
> difference that the employer may be related to a religious group?
>
> The second question, and one which this list may not have experience, is
> whether the requirement to disclose violates HIPPA.
> Randy
>
> Randal S. Farber
> Jackson Walker L.L.P.
> 1401 McKinney, Suite 1900
> Houston, Texas 77010
> 713-752-4241 - Phone
> 713-308-4120 - Fax
> RFarber at JW.com<mailto:RFarber at JW.com>
> [Randy_farber1]
> Board Certified, Commercial Real Estate Law - Texas Board of Legal
> Specialization, Since 1996
> The statements contained herein are not intended to and do not constitute an
> opinion as to any tax or other matter. They are not intended or written to
> be used, and may not be relied upon, by you or any other person for the
> purpose of avoiding penalties that may be imposed under any Federal tax law
> or otherwise.
>
>
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>
> ------------------------------
>
> Message: 2
> Date: Mon, 25 Jun 2018 21:27:19 +0000
> From: Angela Matney <amatney at loeb.com>
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Subject: Re: [blindlaw] Can you be required to waive ADA in an
> employment context
> Message-ID: <658CEC25-4AB6-4381-8004-99204F8909E4 at loeb.com>
> Content-Type: text/plain; charset=UTF-8
>
> Randy,
>
> I'm not certain about the ADA issue, particularly in the context of a
> religious employer. As for HIPAA, requiring the employee to release this
> information isn't a violation of HIPAA, but it could lead to violations of
> GINA, the Genetic Information Nondiscrimination Act. I would have to review
> GINA to be sure. Having said all of this, requiring an employee to disclose
> this information makes no sense from the employer's perspective, because now
> it has information that could lead it to make discriminatory decisions.
>
> Good luck.
>
>
>
> Sent from my iPhone
>
>> On Jun 25, 2018, at 5:19 PM, Farber, Randy via BlindLaw
>> <blindlaw at nfbnet.org> wrote:
>>
>> This email originated from outside of Loeb's Network.
>>
>> This is a bit out of my field of practice, so I thought I would see if any
>> of you have had any experience. I have a potential client, who is being
>> hired by a company that operates hospitals in several states. She went to
>> the hospital for her routine physical (and I assume drug test) for
>> employment. They required her to complete a full medical history asking
>> about diseases and illnesses. The problem, is that they required her to
>> sign a consent to release not only the physical and drug test results, but
>> to release ALL of her medical information, including any disabilities. I
>> can understand having to release the results of the drug test and whether
>> she is physically fit to work, but releasing everything?
>>
>> The primary question for this list is whether requiring her to release
>> information about a disability is in violation of the ADA? Does it make a
>> difference that the employer may be related to a religious group?
>>
>> The second question, and one which this list may not have experience, is
>> whether the requirement to disclose violates HIPPA.
>> Randy
>>
>> Randal S. Farber
>> Jackson Walker L.L.P.
>> 1401 McKinney, Suite 1900
>> Houston, Texas 77010
>> 713-752-4241 - Phone
>> 713-308-4120 - Fax
>> RFarber at JW.com<mailto:RFarber at JW.com>
>> [Randy_farber1]
>> Board Certified, Commercial Real Estate Law - Texas Board of Legal
>> Specialization, Since 1996
>> The statements contained herein are not intended to and do not constitute
>> an opinion as to any tax or other matter. They are not intended or
>> written to be used, and may not be relied upon, by you or any other person
>> for the purpose of avoiding penalties that may be imposed under any
>> Federal tax law or otherwise.
>>
>> <Farber, Randal S .vcf>
>>
>
> ------------------------------------------------------------------------
> CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files
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> this transmission is STRICTLY PROHIBITED. If you have received this
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> ------------------------------------------------------------------------
>
> _______________________________________________
>> BlindLaw mailing list
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> ------------------------------
>
> Message: 3
> Date: Mon, 25 Jun 2018 17:52:24 -0600
> From: "Scott C. Labarre" <slabarre at labarrelaw.com>
> To: "'Blind Law Mailing List'" <blindlaw at nfbnet.org>
> Subject: Re: [blindlaw] Can you be required to waive ADA in an
> employment context
> Message-ID: <053a01d40cdf$91894600$b49bd200$@labarrelaw.com>
> Content-Type: text/plain; charset="us-ascii"
>
> Randy, as for a straight up ADA question, employees are absolutely not
> required to disclose a disability pre-employment offer. Employers can't
> even ask about disability. With respect to the religious order etc, it
> depends on in what context it is hiring. For example, many moons ago I
> sued
> Catholic Charities under Title I o the ADA because they would not hire a
> blind social worker. It depends on whether the function being carried out
> is a truly religious one. The Catholic church can require, or example,
> that
> their priests not possess any disabilities. If you want any more help with
> this, just give me a call.
>
> Best,
> Scott
>
> -----Original Message-----
> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Angela
> Matney via BlindLaw
> Sent: Monday, June 25, 2018 3:27 PM
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Cc: Angela Matney <amatney at loeb.com>
> Subject: Re: [blindlaw] Can you be required to waive ADA in an employment
> context
>
> Randy,
>
> I'm not certain about the ADA issue, particularly in the context of a
> religious employer. As for HIPAA, requiring the employee to release this
> information isn't a violation of HIPAA, but it could lead to violations of
> GINA, the Genetic Information Nondiscrimination Act. I would have to review
> GINA to be sure. Having said all of this, requiring an employee to disclose
> this information makes no sense from the employer's perspective, because
> now
> it has information that could lead it to make discriminatory decisions.
>
> Good luck.
>
>
>
> Sent from my iPhone
>
>> On Jun 25, 2018, at 5:19 PM, Farber, Randy via BlindLaw
> <blindlaw at nfbnet.org> wrote:
>>
>> This email originated from outside of Loeb's Network.
>>
>> This is a bit out of my field of practice, so I thought I would see if
>> any
> of you have had any experience. I have a potential client, who is being
> hired by a company that operates hospitals in several states. She went to
> the hospital for her routine physical (and I assume drug test) for
> employment. They required her to complete a full medical history asking
> about diseases and illnesses. The problem, is that they required her to
> sign a consent to release not only the physical and drug test results, but
> to release ALL of her medical information, including any disabilities. I
> can understand having to release the results of the drug test and whether
> she is physically fit to work, but releasing everything?
>>
>> The primary question for this list is whether requiring her to release
> information about a disability is in violation of the ADA? Does it make a
> difference that the employer may be related to a religious group?
>>
>> The second question, and one which this list may not have experience, is
> whether the requirement to disclose violates HIPPA.
>> Randy
>>
>> Randal S. Farber
>> Jackson Walker L.L.P.
>> 1401 McKinney, Suite 1900
>> Houston, Texas 77010
>> 713-752-4241 - Phone
>> 713-308-4120 - Fax
>> RFarber at JW.com<mailto:RFarber at JW.com>
>> [Randy_farber1]
>> Board Certified, Commercial Real Estate Law - Texas Board of Legal
>> Specialization, Since 1996 The statements contained herein are not
> intended to and do not constitute an opinion as to any tax or other matter.
> They are not intended or written to be used, and may not be relied upon, by
> you or any other person for the purpose of avoiding penalties that may be
> imposed under any Federal tax law or otherwise.
>>
>> <Farber, Randal S .vcf>
>>
>
> ------------------------------------------------------------------------
> CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files
> or previous e-mail messages attached to it may contain confidential
> information that is legally privileged. If you are not the intended
> recipient, or a person responsible for delivering it to the intended
> recipient, you are hereby notified that any disclosure, copying,
> distribution or use of any of the information contained in or attached to
> this transmission is STRICTLY PROHIBITED. If you have received this
> transmission in error, please immediately notify the sender. Please destroy
> the original transmission and its attachments without reading or saving in
> any manner. Thank you, Loeb & Loeb LLP.
> ------------------------------------------------------------------------
>
> _______________________________________________
>> BlindLaw mailing list
>> BlindLaw at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
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>> om
> _______________________________________________
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>
>
> ------------------------------
>
> Message: 4
> Date: Tue, 26 Jun 2018 01:11:32 +0000
> From: Susan Kelly <Susan.Kelly at pima.gov>
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Subject: [blindlaw] Visually impaired notaries?
> Message-ID: <657A517A-8055-4D61-9DDC-7E9496F4E66C at pima.gov>
> Content-Type: text/plain; charset="utf-8"
>
> As a public defender in Juvenile Court, one of my many tasks is handling
> applications for Destruction of Records and restoration of civil rights,
> where a felony adjudication was involved. This requires the applicants?
> signatures to be notarized.
>
> Because of unfortunate staffing circumstances in our office, and my very
> hectic court schedule, it has become difficult to set appointments with
> applicants when an office notary is available, and the office cannot afford
> to pay for my ADA assistant or secretary to o come a notary. I am at the
> point where I feel I should seek to become registered as a not notary at my
> own expense - but, being blind, I can?t visually check IDs, or visually
> witness the signature.
>
> Does anyone know if blind / severely visually impaired persons can become
> notaries?
>
> Susan C L Kelly
> Assistant Public Defender
> Pima County Public Defenders Office - Juvenile DIvision
> Ofc: 520-724-2994
> Fax: 520-770-4168
>
> ------------------------------
>
> Message: 5
> Date: Mon, 25 Jun 2018 23:28:09 -0400
> From: <rodalcidonis at gmail.com>
> To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
> Subject: Re: [blindlaw] Visually impaired notaries?
> Message-ID: <7794EFCC18CA47EE9333A3EAB563071F at RVenue>
> Content-Type: text/plain; format=flowed; charset="utf-8";
> reply-type=original
>
> I would first check if as an attorney your state does not authorize you to
> notarize documents. Some of them do. Secondly, the cost to become a notary,
>
> at least in Pennsylvania, was about $400 or less for me. I had to take a
> similar approach with my long-time assistant a few years ago. I paid for her
>
> to obtain her license and kit so we could notarize documents in house.
>
>
>
> -----Original Message-----
> From: S usan Kelly via BlindLaw
> Sent: Monday, June 25, 2018 9:11 PM
> To: Blind Law Mailing List
> Cc: Susan Kelly
> Subject: [blindlaw] Visually impaired notaries?
>
> As a public defender in Juvenile Court, one of my many tasks is handling
> applications for Destruction of Records and restoration of civil rights,
> where a felony adjudication was involved. This requires the applicants?
> signatures to be notarized.
>
> Because of unfortunate staffing circumstances in our office, and my very
> hectic court schedule, it has become difficult to set appointments with
> applicants when an office notary is available, and the office cannot afford
>
> to pay for my ADA assistant or secretary to o come a notary. I am at the
> point where I feel I should seek to become registered as a not notary at my
>
> own expense - but, being blind, I can?t visually check IDs, or visually
> witness the signature.
>
> Does anyone know if blind / severely visually impaired persons can become
> notaries?
>
> Susan C L Kelly
> Assistant Public Defender
> Pima County Public Defenders Office - Juvenile DIvision
> Ofc: 520-724-2994
> Fax: 520-770-4168
> _______________________________________________
> BlindLaw mailing list
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> ------------------------------
>
> End of BlindLaw Digest, Vol 169, Issue 18
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