[blindLaw] Legal discussion topic regarding ADA (Americans with disabilities Act) and how it’s statutory intent could hurt disabled folks in the workforce in seeking and maintaining employment

[omar duncan]

Hi. Guys. I hope everyone is well.

I have a thought provoking discussion topic regarding ADA (Americans with
disability act) and whether it achieves its desired result or instead
casusss unintended consequences that hampers disabled people—especially
visually impaired people—in seeking, obtaining and maintaining employment


To start off, I know the statutory intent  as the legislators passed it was
to benefit us and in many ways it did—most notably is the case in academia.


However, I can’t help but realize that there are spheres of life where it
does not achieve its desired result or even makes things worlds and leads
to more discrimination. I believe this to be certainly the case in the
realm of employment and that is evidenced by disabled people and visually
impaired people
Suffering from chronic under employment or unemployment.


Now  that I have  established  what I want to talk about and how it relates
to ADA’s influence in the experience  of employment for disabled people, I
want to take this opportunity to say that ADA employment provisions  have
negative adverse effects for disabled people when seeking employment.


When all of the pressure is put on the employer and not on other entities
in society to accommodate and help with accommodations, it’s Pisces undue
burden on employers and they just straight up tell themselves “I ain’t
gonna deal with this disabled person” and run the risk of lawsuits against
the employer and also decreases efficiency because they are reasonable for
full cost of accommodations and the red tape of the regulation on
employment practices  for disabled people.

Basically, when all of the pressure is on employers is the highest on
employers and they have a lot to lose if  things go awry or if a provisions
of the over reachING ADA is used against them , it makes them less likely
to hire us and want to deal with us for these obvious and indisputable
reasons.


That is why as a community I think  we should lobby congress through  NFB
and other large organization that have any real impact to alter the
interpretations and scope of ADA as it relates to employment for people
with dis disabilities  to make employees more willing to work with us and
not view us as a liability.


Remember we suffer from chronic and staggeringly high rates of unemployment
despite’s being qualified for many jobs with assistive technology.


If the employer pays a bit out of pocket and the employee  themselves and
some organizations and charities and state rehab agencies dilute the cost
from the employer, I can guarantee we will see a different landscape for us
in being able to obtain and access and  maintain decent stable employment.

I’d like to have a group wide discussion on this and hopefully this can
spark some critical thought in our community about those how the stuff
intended to protect does wrong by us and actually hurts us as it does.


And I don’t want to hear anyone say “but the ada protects us.”

Yes, it does.

However, it only protects us through the meaningless force and effect of
arbitrary writing on paper by lawmakers.

The burden of proof is so high when Proving discrimination
 That employers in the recruiting process can avoid hiring a disabled
person entirely and avoiding the stress of dealing with a disabled person
down the road (regarding potential of lawsuits and losing everything due to
our excessively litigious system). BY SIMPLY SAYING, “thanks for applying
and offering your talents but we have decided to move forward with more
qualified candidates in the process.”

In other words,there is now way to audit their employment practices and
they can simply evade hiring. Disabled person by sending out these bullshit
generic messages.


They may create the appearance of complying with the ADA in employment By
putting up those meaningless banners and banalities and platitudes on job
ads by saying we are equal opportunity employer, but that is all a smoke
screen to maintain the appearance in compliance when, in reality, Human
Resources people at big companies like to if we the radar stay away from us
because they rightly view us as a liability not worth dealing with when
there are other suitable candidates for jobs in resdy supply and when ADA
employment provisions choke employers and  place penalties for bull shit
 they should not have to deal with in the first place .



So, with that all of that being said, for those of you all who made it that
far thanks for your time and attention. On this important matter.

I just want a world where underemployment and unemployment in the disabled
sphere is reduced and the current statutory framework makes us a burden in
light of the employers goals and we must seek  change in this ADA provision
to allow a distribution of costs among societal members when it comes to
hiring and keeping disabled people.
Otherwise, we can continue our current path of radically high unemployment
rates, lack of independence (financially on top of physically) and be at
the mercy of SSA and wait for our SSI checks just to get by.


I hope my community takes these facts into consideration and get the ball
rolling hopefully on changes that can benefit all of us in the future. This
proposal might not get anywhere but I believe it can spark a discussion
that will lead to systemic change in our thoughts as a community and get us
to supports reforms that actually benefit us in employment processes.


Realize that this is for our own good and as the protected class the ADA is
intended to protect , I am certain we have jurisdiction to have a deciding
say in this matter in terms of how states , the fed handles matters related
to disabilities.


Thanks for this awesome community , however small it may be and hopefully
grows, I look forward to discussing this matter further and planting the
seed that will result in positive change.



A little side story that motivates me to write the above letter that may
add context to what I am saying but don’t want to  entangle your guys time
to read because the above stuff is the main stuff is my own personal
experience in the employment sector.


I am low vision and once I graduated  my   Undergrad I had a  hard time
finding decent work or even work at all despite holding many licenses,
having existing work experience, and speaking multiple languages and having
multiple  technical akills that make me a usable , marketable job candidate.

After some time I finally landed a mediocre clerk job for minimum wage
doing menial tasks that my remaining low vision allowed me to do with the
state government.  I was avle to even snag my way into my jobs because I am
partially sighted and my disability is for the most  part at least at the
beginning invisible and that  allowed  me to get my job.

And Ps. They state agency had a bad work culture and high turn over and
authoritarian system and probably hired me cause it was low paying basic
worthless job and they hired me because the previous person who was
supposed to start the job quit on the first day and wanted someone to fill
the role quickly.

Enough about the job and how crappy it was and more about my experiences
with why the ADA in employment screws is over.

As soon as i started I looked close to the computer and papers and they
knew I was disabled  (something they did not during the process of
interviewing and that is probably how I got the job in the first place
cause they would not Give a job to disabled person to begin with—even if it
is more mild  like mine   Because I retain vision when looking at stuff up
close.

And, anyways, upon seeing i looked close to things, they started  to get on
my butt about it to avoid liability and asked for a doctors note
immediately  sent me to their “risk management division within H.R.  to
deal with me—it’s funny how they call it risk management on a side note.

Anyways , I did not provide it to them because if I wanted to seek
employment in  the future I don’t want and I did not want it to hold me
back for promoting within my job , which I was not able to do after a while
of hard work and possessing   more credentials  than half of the
unqualified department staff.  This was likely  because  my work was
seasonal and did not want to make  me a permanent state employee because
of the  departments low budget ( a real fact in government and their toxic
culture toward disabled people, which is influenced by the undue strictness
of the ADA that is supposed  to help us).

I finally found out through my supervisor (. A young guy like me) who I
respected and respected me implicitly but not directly told me that the job
I interviewed for to become permanent I did not get because of my
disability  and higher  management with the ultimate hiring authority not
getting because of my disability and the hole I would represent in their
limited budget despite them liking me    And respecting me as an individual.



With that being said, this personal story about my experiences in
employment as partially sighted low vision person  and a few other strong
ones in previous and subsequent roles  I have but  won’t share because I
don’t want to take too much of your time which I thank you guys for in
reading in this long post IS the very reason why we need reform in this
specific aspect of interpreting and enforcing the ADA employment provisions
and edicts and directives.


Please I implore you guys to think about this seriously and hopefully it
can get the mechanical wheels rolling h for some change that will benefit
us all




Thank you guys.

You guys are literally the best community ever and I am thankful to have
you guys for input when I need it and look forward to help each other grow
well into the future.


Take   care