[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

[Paul Harpur]

The failure of the ADA not to focus on other relationships means certain disabling barriers are created which cannot be removed.  I have written on this problem in the workplace and in other areas.  Occupational health and safety laws recognise this problem and target more work relationships.  So you have designers being required to ensure the equipment is safe.  The manufacturer has a duty, the supplier has a duty, and employers have duties.  Others can as well depending upon the statute.  The point is, proactive duties to seek out and manage risks exists which already benefits us.  This is another point I have written on.  If a building is not safe for a person with a disability, then that is a work health and safety breach.  If you trip down some steps it becomes a OHS matter.  But OHS also responds if there is a near miss or just a risk.  If someone is seriously going to lobby for reforms here I'm happy to give some resources to help.
Professor Paul Harpur OAM   
BBus (HRm), LLB (Hons) LLM, PhD, FHEA, solicitor of the High Court of Australia (non-practicing), PLY
The University of Queensland Law School
(TEQSA PRV12080)  
Associate, Harvard Law School Project on Disability
Australian Research Council Future Fellow 
“Universities train the disability leaders of tomorrow, employ the disability leaders of today, and produce research and innovation which can make the world more inclusive”.  Paul Harpur, ‘Universities as Disability Champions of Change’ TEDx.
 


-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of omar duncan via BlindLaw
Sent: Tuesday, June 18, 2024 5:41 AM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: omar duncan <oduncan821 at gmail.com>
Subject: [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

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
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