[humanser] Do You Have a Valid Driver's License?

[Marion Gwizdala]

Dear All,
    As we search for employment in this challenging economic climate, we often come across positions for which we are well qualified by our educational and experiential achievements, but find that the employer requires a valid driver's license. Title I of the Americans with disabilities Act defines discrimination, in part,  as follows:

Sec. 102. Discrimination. 42 USC 12112.

(a) General Rule. No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in

regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions,

and privileges of employment.

 

(b) Construction. As used in subsection (a), the term discriminate includes



(6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or

a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job- related

for the position in question and is consistent with business necessity; and

 

(7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant

or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever

other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills

of such employee or applicant (except where such skills are the factors that the test purports to measure).



The Equal Employment Opportunity Commission (EEOC) has published guidance on the requirement of having a valid drivers' license as a condition of employment. I thought it would be helpful to share this information with you so that you can better advocate for yourself and others. This letter is attached to this message.



Fraternally yours,

Marion Gwizdala, President
National Association of Guide Dog Users (NAGDU)
National Federation of the Blind
813-626-2789
President at NAGDU.ORG
HTTP://WWW.NAGDU.ORG
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