[humanser] Recording for note taking

Sat May 24 22:30:02 UTC 2014

Marion,
Thank you for your thorough clarification. I will certainly defer to the
info you provided when I send the email request that the HR representative
directed me to send  in her voicemail and  email responses to my concerns
and further inquiry. Admittedly, this new development is fishy and
heightening my concern regarding security of role and self in the workplace
but, I am fortified knowing I have my Federation family and colleagues
walking with me.
Thank you,
Mary

-----Original Message-----
From: humanser [mailto:humanser-bounces at nfbnet.org] On Behalf Of justin
williams via humanser
Sent: Saturday, May 24, 2014 11:42 AM
To: 'Marion Gwizdala'; 'Human Services Mailing List'
Subject: Re: [humanser] Recording for note taking

Title I is federal, and Title II is everyone else. They're breaking
something. 

-----Original Message-----
From: humanser [mailto:humanser-bounces at nfbnet.org] On Behalf Of Marion
Gwizdala via humanser
Sent: Saturday, May 24, 2014 11:40 AM
To: 'Dr. Chappell'; 'Human Services Mailing List'
Subject: Re: [humanser] Recording for note taking

Mary,
	Let me first begin by affirming what others have already stated: You
exhibit a great deal of courage by standing up to your employer. Many people
submit to the will of their employers even when they know the employer is
acting in a discriminatory manner. Frequently, when we assert our civil
rights, those who would discriminate against us make themselves out to be
the victim to justify their illegal behavior. Stand firm in your desire to
be treated fairly, knowing that, when you do, 60,000 Federationists are
standing behind you! This being said, here is my take on this issue. As Doug
stated, this information is meant as informal guidance only and should not
be construed as legal advice.

	It is my understanding that Title I of the Americans with
Disabilities Act (ADA) requires employers to make reasonable acomodations
for employees unless they can demonstrate specific issues in doing so.
Specifically, the Act requires employers to make reasonable accommodations 

(A)  unless such covered entity can demonstrate that the accommodation would
impose an undue hardship on the operation of the business of such covered
entity; or

(B) denying employment opportunities to a job applicant or employee who is
an otherwise qualified individual with a disability, if such denial is based
on the need of such covered entity to make reasonable accommodation to the
physical or mental impairments of the employee or applicant; (42 USC
12112(b)(5)) with 

In order to deny a requested accommodation, the employer must demonstrate
that the employee poses a direct threat, defined as "a significant risk to
the health or safety of others that cannot be eliminated by reasonable
accommodation." (42 USC 12111(3))

Failing a direct threat, an employer may deny a requested accommodation if
it creates an undue hardship. Here is what is meant by an undue hardship: 

(10) Undue hardship. -
(A) In general. - The term "undue hardship" means an action requiring
significant difficulty or expense, when considered in light of the factors
set forth in subparagraph (B).
(B) Factors to be considered. - In determining whether an accommodation
would impose an undue hardship on a covered entity, factors to be considered
include-
(i) the nature and cost of the accommodation needed under this chapter;
(ii) the overall financial resources of the facility or facilities involved
in the provision of the reasonable accommodation; the number of persons
employed at such facility; the effect on expenses and resources, or the
impact otherwise of such accommodation upon the operation of the facility;
(iii) the overall financial resources of the covered entity; the overall
size of the business of a covered entity with respect to the number of its
employees; the number, type, and location of its facilities; and
(iv) the type of operation or operations of the covered entity, including
the composition, structure, and functions of the workforce of such entity;
the geographic separateness, administrative, or fiscal relationship of the
facility or facilities in question to the covered entity. (42 USC 12111(10))

	It is also my understanding that, if an employer allows an
accommodation, it may not arbitrarily deny the use of such accommodation
without warning or due process. The agreement to allow you to record
meetings, proceedings, etc. is a binding agreement even if it is not a
written agreement, as demonstrated by their allowance of such an
accommodation for such a long time. 

	As others have stated, you were wise to not proceed with the meeting
and to not allow another individual within the department to act as a
sdribe, as this person may not be objective or otherwise impartial.

	I hope this information is helpful to everyone on this list, as we
all need to know and protect our rights as blind employees! Discussion and
constructive argument are welcome!

Fraternally yours,

Marion Gwizdala, M.S., Co-Chair
Policy & Law Committee
National Federation of the Blind
Human Services Division
(813) 598-7161
Marion.Gwizdala at Verizon.net

High expectations create unlimited opportunities for the blind!

-----Original Message-----
From: humanser [mailto:humanser-bounces at nfbnet.org] On Behalf Of Dr.
Chappell via humanser
Sent: Saturday, May 24, 2014 4:35 AM
To: 'Human Services Mailing List'; 'Timothy Elder'
Subject: [humanser] Recording for note taking

I am wondering if anyone on this list has in depth familiarity with ADA
mandates regarding reasonable accommodations in the work place. After
recording notes in all personnel meetings, committee meetings, and staff
meetings for the past 5 years, since my hire date, I was denied the
opportunity. Today, when I arrived at what I perceived to be an  oddly timed
last minute meeting I was told that I would not be able to record the notes
during a meeting that was solely about my role. When I reminded the unit
manager that this is and always has been my means of note taking, she told
me that "recording had never been authorized and would not be allowed. I
declined the meeting and noted I would not meet without being able to take
notes. I was told that someone in HR could attend and take notes on my
behalf. When I agreed to this, I was told that this option would not be
available for this meeting as that resource had not been  notified. I
requested that the meeting be rescheduled. Though the two individuals who
had scheduled the meeting seemed aggravated by my request, I believed it to
be a reasonable accommodation.

Does anyone have any knowledge on the topic of reasonable accommodations in
the workplace?

_______________________________________________
humanser mailing list
humanser at nfbnet.org
http://nfbnet.org/mailman/listinfo/humanser_nfbnet.org
To unsubscribe, change your list options or get your account info for
humanser:
http://nfbnet.org/mailman/options/humanser_nfbnet.org/marion.gwizdala%40veri
zon.net

_______________________________________________
humanser mailing list
humanser at nfbnet.org
http://nfbnet.org/mailman/listinfo/humanser_nfbnet.org
To unsubscribe, change your list options or get your account info for
humanser:
http://nfbnet.org/mailman/options/humanser_nfbnet.org/justin.williams2%40gma
il.com

_______________________________________________
humanser mailing list
humanser at nfbnet.org
http://nfbnet.org/mailman/listinfo/humanser_nfbnet.org
To unsubscribe, change your list options or get your account info for
humanser:
http://nfbnet.org/mailman/options/humanser_nfbnet.org/mtc5%40cox.net