[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

Tue Jun 18 14:21:16 UTC 2024

Hi all,

I totally agree with Lauren. This is a complex issue with so many layers. It is true that the ADA has been the law of the land for almost 34 years, and it is also true that the unemployment rate of blind people has not changed. 

First, Lauren's point about work experience is spot on. Blind people are encouraged to get all the degrees, certifications, and training courses. But we do not have work experience programs like other disability groups do. (But this is not me saying that other disability groups don't have trouble with employment.) I'm saying here that entry level jobs are not accessible to us. Most blind people aren't going to work at Starbucks, in fast food, or at the mall. If a sighted person is laid off, they are going to take the first job waiting tables or selling clothes at the mall that they can find. When we get laid off, well, we don't really have those options because they aren't accessible to us and because of lack of transportation. The ADA doesn't open up jobs for us. It only provides that employers cannot discriminate against us because of our disabilities, that is, as long as we can perform the essential functions of the job and we are actually qualified for the position. But there's a huge gap between what the ADA says and opening up job opportunities for blind people. 

I think part of this solution is not legal in nature. We need to work with our blindness organizations and rehab agencies to partner with well-known companies. With our influence, these companies can learn to make their tech accessible so that blind people can find employment with the companies. We know the truth, that making things accessible is usually not as difficult as most sighted people think it is. These companies could experiment with new technology, maybe even get a grant to do this, etc, and we all win. Yes, I know it's not that simple, but at least, it's an idea, a start. 

I agree with Lauren as well in that career networks are super important for blind people. The truth is that lots of blind people are not affiliated with either organization. As much as I want everyone to be an NFB member, many blind people aren't, and some of those people enjoy very interesting careers. Some of these people would probably be interested in networking with other blind people who share their career path. Setting up a country-wide employment networking program would be tough, but it would be invaluable. 

As for legal solutions, I am only beginning my legal career in disability rights, so I have a lot to learn. I think we should start by studying what worked in the past. Which lawsuits actually initiated positive change for blind would-be employees? Which cases are setting positive precedent, and how can we expand on that precedent in the current political climate? To the original point, maybe a worthy question is, why did lawsuits in the higher education space bring about change where similar cases in the employment world did not? 

This is an interesting topic that's always in the back of my mind. As someone who was unemployed for a period of time, I feel the importance of this topic deeply and want to work to see some change in my lifetime. 

Julie

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Lauren Bishop via BlindLaw
Sent: Monday, June 17, 2024 4:37 PM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Lauren Bishop <laurenbishop96 at icloud.com>; Paul Harpur <p.harpur at law.uq.edu.au>
Subject: Re: [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

hello,
I don’t know that reforming the ADA is necessarily the solution. I know that for blind people, the unemployment rate is really a complex issue.
One thing that I see as a big issue in the Blind community is that it seems like blind people are pushed to get several advanced degrees, but not to get the work experience to supplement those degrees. It is one thing to show your employer that you can go to school, it is a whole Nother thing to be able to show your employer that yes, despite your blindness, you can be successful in the workplace. School is seen as this safe thing, but  school will also push a blind person through the system if they are struggling.
Second, we do have other ways of getting help with accommodations besides working with our employers. However, it is getting more and more difficult to use the services. For example, I know many blind people who have active cases with vocational rehab, but those people might as well not exist unless they pick up the phone. Also , it is often not just one call, it is several calls and several fights to get voc rehab to do what they are supposed to do and help them get the tools they need to succeed in a job.
Finally, I would venture to argue that blind people don’t receive adequate support to enter employment.  I hear a lot of people say, “I don’t know what jobs are accessible to me. “Reality is, as long as you’re not driving or playing some professional sports, there is a blind person that is done the job you have. You just have to find them. A lot of people  Are pushed away from networks because they don’t want to be in an organization. Yet, you don’t have to be a part of a blindness organization to be on list. Serve such as this one. Who have done the job I am doing are the reason why I’m in the job. I’m in today. I reached out to others in similar career paths and who have actually had the same job I have, and , I was successfully hired. Did it take longer for me than my sided pears? Maybe it did, maybe it didn’t, I really don’t know. The reality is we are no different sided people in the fact that it is not what you know, but who you know. Maybe they didn’t get you the job, but that person gave you the insight to know what it means to be successful in that career. 
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