[HumanSer] From the EEOC was Questions about Driver's License as a Minimum Requirement for Employment

Mon Nov 16 20:12:40 UTC 2020

Marion,
Thanks for sharing this information. If I pursue further action, this
will be very helpful. I may share this letter with the person in HR at
the agency to see what she says.

Sarah

On 11/5/20, Marion Gwizdala via HumanSer <humanser at nfbnet.org> wrote:
> Dear All,
>
> 	Title I of the ADA considers discrimination, in part, as the use of
> criteria that either screens out or tends to screen out qualified
> individuals with disabilities. Since the enforcement jurisdiction of Title I
> of the ADA belongs to the Equal Employment Opportunity commission (EEOC),
> perhaps we should turn to this agency for direction. Attached to this
> message is informal guidance from the EEOC concerning this very issue.
>
> Fraternally yours,
> Marion
>
> Marion Gwizdala
> (813) 626-2789
> Marion.Gwizdala at verizon.net
>
>
> -----Original Message-----
> From: HumanSer [mailto:humanser-bounces at nfbnet.org] On Behalf Of Michael
> Abell via HumanSer
> Sent: Thursday, November 5, 2020 12:49 AM
> To: 'Human Services Division Mailing List'
> Cc: bigdog4744 at gmail.com
> Subject: Re: [HumanSer] Questions about Driver's License as a Minimum
> Requirement for Employment
>
> Hello,
> 	I have not followed all of the replies on this thread.  If I repeat
> anything I apologize.
> 	This is an onion issue in the employment arena.  I have had transportation
> both as a client and as a provider.  This issue continues to be a president
> due to the lack of leal presidence.  My suestion is to file a complaint.  A
> DOJ decision may create a presidence that will impact the future job
> offerins.  Have you asked for a copy of the requirements?  Was this
> requirement in the job postin?Good Luck!
>
> Warmly,
>
> Rev. Michael “Big Dog” Abell
> MS, LPC
>
> Helping individuals to find their eyes in the dark.
>
> Visionaries Counseling Services
> 700 E Jefferson St. Suite 245
> Phoenix, Arizona  85034
> (480) 369-0805
>
>
> Notice of Confidentiality: This e-mail, and any attachments, is intended
> only for use by the addressee(s) and may contain privileged or confidential
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> visionariescounselingservices at gmail.com) or telephone (480-369-0805
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>
>
>
> -----Original Message-----
> From: HumanSer <humanser-bounces at nfbnet.org> On Behalf Of Sarah Meyer via
> HumanSer
> Sent: Wednesday, November 4, 2020 7:59 AM
> To: Human Services Division Mailing List <humanser at nfbnet.org>
> Cc: Sarah Meyer <sarah.meyer55 at gmail.com>
> Subject: Re: [HumanSer] Questions about Driver's License as a Minimum
> Requirement for Employment
>
> Well, after proposing the various accommodations and options discussed, here
> is the response I received this morning:
>
> "Great to hear back, thank you for your ideas. Due to HIPPA, client
> confidentiality and compliance needs, another individual could not drive you
> and clients to different locations. Drivers would have to go through all of
> the required background checks like FBI, CPS, local, sex offender, etc., in
> order to be around our clients and this would not be a feasible solution due
> to the different drivers you could get on each occasion.
>
> Utilizing taxis to take clients home is also not a workable solution as we
> would run into client safety issues as well as the issue mentioned above.
> Transporting clients is a minimum requirement of this role and we do not
> have any workarounds for this that meet HIPPA, client confidentiality,
> compliance and safety needs.
>
> Unfortunately due to the need to be able to drive and transport clients
> being a minimum requirement and essential function of our School Based
> Therapist roles, we do not see you as being eligible for this role at this
> time.
>
> I am happy to recommend you for office-based roles and will check with my
> team to see what other openings we may have at this time. I will also reach
> out to Stephanie and let her know that unfortunately you do not meet the
> minimum requirements of her role at this time."
>
> I responded and asked if they would consider me if I had a consistent driver
> who could pass all of the background checks. In all honesty, I do understand
> where they are coming from in terms of HIPAA, confidentiality concerns,
> etc., and I do think an office-based position would be more
> feasible/practical. It is still disappointing to be ineligible for something
> I have no control over when I'm qualified in every other way. It sucks, but
> I also get it.
>
> Sarah
>
>
>
> On 11/3/20, Ericka via HumanSer <humanser at nfbnet.org> wrote:
>> JD, i am confused about your comment about showing hoe tech works
>> during an interview.  Most jobs require computer skills. Most
>> employers are concerned about whether they beed to hire someone to do
>> the reading and computer skills for the job. Most don’t even know about
>> VoiceOver pn an iPhone.
>> There are so few jovs that don’t have computer use as an essential
>> skills of jobs. There isn’t one job in a nursing home that doesn’t
>> have tech as part of their job duties. I learned that this year.
>>
>> Not having tech skills has always bitten me in the butt.
>>
>> Ericka Nelson
>>
>>> On Nov 2, 2020, at 10:24 AM, JD Townsend via HumanSer
>>> <humanser at nfbnet.org> wrote:
>>>
>>> Hello Sarah,
>>>
>>> Sad that employers continue to use the driver license "requirement"
>>> to eliminate blind applicants.
>>>
>>> I have answered the question by saying that I arrived at the
>>> appointment independently and would be able to meet any travel
>>> requirements.
>>>
>>> When the item comes up in an application form I have left the answer
>>> unanswered as driving was not a part of the job description.
>>>
>>> I never "disclosed" that I am blind, however my dog guide or white
>>> cane usually informs the interviewer.  Most often they don't know
>>> what to do with a blind applicant, but that is their problem.  As
>>> long as you have the self-confidence and ability to present yourself
>>> as able, you will do well.
>>>
>>> Job applicants who feel they must prove that they are able by
>>> bringing in tech equipment or disclosing prior to the interview, tend
>>> to do more poorly in obtaining employment.  The employer wants an
>>> employee who can be consistently on time and do a satisfactory job
>>> while being a part of a team.
>>>
>>>
>>> Congratulations on your graduation and best of luck on your job search.
>>>
>>>
>>> JD Townsend, LCSW
>>> Helping the light dependent to see
>>>
>>> -----Original Message-----
>>> From: HumanSer <humanser-bounces at nfbnet.org> On Behalf Of Sarah Meyer
>>> via HumanSer
>>> Sent: Sunday, November 1, 2020 12:49 PM
>>> To: humanser at nfbnet.org
>>> Cc: Sarah Meyer <sarah.meyer55 at gmail.com>
>>> Subject: [HumanSer] Questions about Driver's License as a Minimum
>>> Requirement for Employment
>>>
>>> Greetings all,
>>> I hope you are all well and staying healthy. I am writing because I
>>> am beginning my job search since I am graduating with my Master's in
>>> Clinical Mental Health Counseling this December and have come across
>>> my first barrier through my first interview.
>>>
>>> I interviewed for a position as a school-based therapist through a
>>> community mental health agency the other day. The interview went well
>>> but I received an email a few hours later from the person in HR with
>>> whom I have been in contact stating that while the supervisor said
>>> the interview was positive and productive, I disclosed that I am
>>> blind, and she wanted to clarify if I would still be able to drive
>>> and transport clients and if I had a driver's license and auto
>>> insurance.
>>> She said these were minimum requirements for the job. I should note
>>> that I never filled out an application for this position; the career
>>> coach from the Ball State University Career Center with whom I have
>>> been working connected me with this person from HR at a community
>>> mental health agency so I reached out with my CV and was soon
>>> contacted thereafter with an offer of an interview. I responded to
>>> the email inquiring about my ability to transport clients and
>>> verified that I am blind and do not drive but asked if transporting
>>> clients was an essential function of the job. My understanding is
>>> that most of the year, I would be meeting with students and families
>>> in an office at the high school or virtually, except in the summer
>>> and other breaks when they transition to a community-based approach.
>>> Therapists will pick up students and bring them to the school, meet
>>> with them in the community, or go to their homes. Additionally, if
>>> students meet with the therapist after the schoolday ends, therapists
>>> will drive them home. The supervisor said that when she was in this
>>> position, they sometimes made arrangements with parents for
>>> transportation, but this was not always reliable and she preferred to
>>> drive students herself as this allowed her to maintain the most
>>> control over her schedule.
>>>
>>> I am wondering if anyone on this list has done school-based therapy
>>> or community-based therapy that typically involves transporting
>>> clients as a part of the job, and if so, how you navigated this
>>> situation. I am curious if folks still apply for jobs where a
>>> driver's license is required. I am also curious if people have
>>> suggestions on how to proceed with this potential employer. I thought
>>> about the possible option of hiring a driver, but would this be
>>> acceptable to an employer if they are concerned about confidentiality
>>> and other liability concerns?
>>>
>>> I look forward to hearing back from you at your earliest convenience.
>>>
>>> Best wishes,
>>>
>>> Sarah
>>>
>>> --
>>> Sarah K. Meyer
>>> Graduate Student, Clinical Mental Health Counseling Ball State
>>> University
>>> Pronouns: she/her/hers. See
>>> www.mypronouns.org
>>> sarah.meyer55 at gmail.com
>>> (317)402-6632
>>>
>>> The National Federation of the Blind knows that blindness is not the
>>> characteristic that defines you or your future. You can live the life
>>> you want; blindness is not what holds you back. Together with love,
>>> hope, and determination, we transform dreams into reality.
>>>
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>>>
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>
>
> --
> Sarah K. Meyer
> Graduate Student, Clinical Mental Health Counseling Ball State University
> Pronouns: she/her/hers. See
> www.mypronouns.org
> sarah.meyer55 at gmail.com
> (317)402-6632
>
> The National Federation of the Blind knows that blindness is not the
> characteristic that defines you or your future. You can live the life you
> want; blindness is not what holds you back. Together with love, hope, and
> determination, we transform dreams into reality.
>
> _______________________________________________
> HumanSer mailing list
> HumanSer at nfbnet.org
> http://nfbnet.org/mailman/listinfo/humanser_nfbnet.org
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> HumanSer:
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-- 
Sarah K. Meyer
Graduate Student, Clinical Mental Health Counseling
Ball State University
Pronouns: she/her/hers. See
www.mypronouns.org
sarah.meyer55 at gmail.com
(317)402-6632

The National Federation of the Blind knows that blindness is not the
characteristic that defines you or your future. You can live the life
you want; blindness is not what holds you back. Together with love,
hope, and determination, we transform dreams into reality.