[il-talk] Vision requirement on job descripton

[Steven Hastalis]

This correspondence brings to mind relevant language of the Americans with 
Disabilities Act (ADA).  Title I, which deals with employment, has a 
statement to this effect:  "Able to perform the essential functions of the 
job with or without reasonable accommodation."

In the course of my work at the Chicago Transit Authority (CTA), I gave 
guided tours on buses and trains, worked as an Information Specialist for 
public events and service disruptions.  I also helped establish bus and rail 
reroutes.  I the early years of my work there, some of my co-workers and 
managers questioned my competence to do such things as a blind person. 
Later on, however, they came to respect my competence and experience.  The 
man who ran the Employee Orientation Tours was happy to have me in his 
grouyp.  He knew about blindness from his previous experience with a mutual 
acquaintance who also is a Federationist.



----- Original Message ----- 
From: "Bill Reif" <billreif at ameritech.net>
To: "NFB of Illinois Mailing List" <il-talk at nfbnet.org>
Sent: Monday, February 20, 2012 9:40 AM
Subject: Re: [il-talk] Vision requirement on job descripton


> Hello Kelly and list,
>
> In the case you describe, it is the ability to independently assess 
> aspects of the photos, and not the ability to see, that is the essential 
> characteristic of the job.  An astute recruiter would have described the 
> qualification as it relates to a job duty.  There are few activities that 
> inherently require sight; and in most cases, borrowing the sight of others 
> will suffice.  I'm certain that Patti Chang, through her staff, can 
> adequately assess building conditions through photo descriptions and 
> reports.  Her ability to see the photos is less important than the 
> determinations the inspectors and the attorneys she supervises make.  She, 
> in a close case, would certainly question them regarding details of the 
> photos, which questioning would improve their investigative abilities in 
> the future.
>
> In allowing a recruiter to state job requirements in terms of the ability 
> to see, you would open the door to their imposing their prejudices on the 
> selection process.  This is analogous to employers who, falsely believing 
> the ability to drive is an essential characteristic of their offered 
> position, insist that applicants hold a valid driver's license emen in 
> cities where reliable public transportation makes that requirement 
> unnecessary.
>
> We don't even know what type of position Glenn is applying for.  If only a 
> small percentage of the job requires visual acuity beyond what he has, 
> that situation can be reasonably accommodated.
>
> Cordially,
> Bill
>
>
> On 2/20/2012 8:37 AM, Kelly Pierce wrote:
>> Glen,
>>
>> Do you want the radiologist diagnosing suspected cancer to be blind
>> and unable to independently see the imaging films?  It sounds like
>> your position is that no job can ever require vision as a specific
>> quality from the applicant.  some jobs require without accommodation
>> visual analysis or visual monitoring as an essential part of the
>> position.
>>
>> Kelly
>>
>>
>>
>> On 2/20/12, GlennMooreIII at yahoo.com<GlennMooreIII at yahoo.com>  wrote:
>>> Maybe some of our lawyers could answer this:
>>> I'm paraphrasing, but is it legal for a company to state on a job
>>> description that an employee must have adequate vision to perform all
>>> requirements ef the job efficiently?
>>> (I can find out the exact wording if it helps)
>>>
>>> If I understand correctly, the ADA only guarantees a disabled worker be
>>> provided with  accomodations to perform a job, if those accomodations 
>>> are
>>> "reasonable" and that with them he or she would perform comperably to a
>>> typical qualified applicant or worker, and protect the worker from
>>> discriminatory hiring/firing if they can perform the job to standard, 
>>> but
>>> can a company or NFP actually require a physical attribute to have or 
>>> keep
>>> the job?
>>>
>>> -Glenn III
>>> (from iPhone: 1 (847) 899-9801)
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