[nfbmi-talk] Fw: [Missouri-l] Fw: [leadership] Good Intentions Gone Bad
fred olver
goodfolks at charter.net
Wed Sep 1 15:27:36 UTC 2010
----- Original Message -----
From: "Chip Hailey" <chip at gatewayfortheblind.com>
To: "MCB Listserve" <missouri-l at moblind.org>
Sent: Wednesday, September 01, 2010 9:02 AM
Subject: [Missouri-l] Fw: [leadership] Good Intentions Gone Bad
>
> ----- Original Message -----
> From: "peter altschul" <paltschul at centurytel.net>
> To: "Acblead" <leadership at acb.org>
> Sent: Wednesday, September 01, 2010 8:31 AM
> Subject: [leadership] Good Intentions Gone Bad
>
>
>> Good Intentions Gone Bad
>> John Stossel
>> You own a business, maybe a restaurant. You've got a lot to worry
>> about. You have to make sure the food is safe and tastes good, that the
>> place is clean and appealing, that workers are friendly and paid
>> according to a hundred Labor Department and IRS rules.
>> On top of that, there are rules you might have no idea about. The
>> bathroom sinks must be a specified height. So must the doorknobs and
>> mirrors. You must have rails. And if these things aren't right -- say,
>> if your mirror is just one inch too high --
>> you could be sued for thousands of dollars. And be careful. If you fail
>> to let a customer bring a large snake, which he calls his "service
>> animal," into your restaurant, you could be in trouble. All of this is
>> because of the well-intentioned Americans With Disabilities Act, which
>> President George H.W. Bush signed 20 years ago.
>> The ADA was popular with Republicans and Democrats. It passed both
>> houses of Congress with overwhelming majorities, 377 to 28 in the House
>> and 91 to 6 in the Senate.
>> What does it do? The ADA prohibits discrimination against people with
>> disabilities, requiring businesses to provide the disabled "equal access"
>> and to make "reasonable accommodation" for employees. Tax credits and
>> deductions are available for special equipment (talking computers, for
>> instance) and modifying buildings to comply with the accessibility
>> mandate.
>> The ADA was supposed to help more disabled people find jobs. But did
>> it? Strangely, no. An MIT study found that employment of disabled men
>> ages 21 to 58 declined after the ADA went into effect. Same for women
>> ages 21 to 39.
>> How could employment among the disabled have declined? Because the law
>> turns "protected" people into potential lawsuits. Most ADA litigation
>> occurs when an employee is fired, so the safest way to avoid those costs
>> is not to hire the disabled in the first place.
>> Walter Olson, a senior fellow at the Cato Institute and author of the
>> Overlawyeredddcom blog, says that the law was unnecessary. Many "hire
>> the handicapped" programs existed before the ADA passed. Sadly, now most
>> have been quietly discontinued, probably because of the threat of legal
>> consequences if an employee doesn't work out.
>> Under the ADA, Olson notes, fairness does not mean treating disabled
>> people the same as non-disabled people. Rather it means accommodating
>> them. In other words, the law requires that people be treated unequally.
>> The law has also unleashed a landslide of lawsuits by "professional
>> litigants" who file a hundred suits at a time. Disabled people visit
>> businesses to look for violations, but instead of simply asking that a
>> violation be corrected, they partner with lawyers who (legally) extort
>> settlement money from the businesses.
>> Some disabled people have benefited from changes effected by the ADA,
>> but the costs are rarely accounted for. If a small business has to lay
>> off an employee to afford the added expense of accommodating the
>> disabled, is that a good thing -- especially if, say, customers in
>> wheelchairs are rare? Extra-wide bathroom stalls that reduce the overall
>> number of toilets are only some of the unaccounted-for costs of the ADA.
>> And since ADA modification requirements are triggered by renovation, the
>> law could actually discourage businesses from making needed renovations
>> as a way of avoiding the expense.
>> A few disabled people speak up against the law. Greg Perry, author of
>> "Disabling America: The Unintended Consequences of the Government's
>> Protection of the Handicapped," says that because the disabled now
>> represent an added expense to businesses, many resent them.
>> Finally, the ADA has led to some truly bizarre results. Exxon gave ship
>> captain Joseph Hazelwood a job after he completed alcohol rehab.
>> Hazelwood then drank too much and let the Exxon Valdez run aground in
>> Alaska. Exxon was sued for allowing it to happen. So Exxon prohibited
>> employees who have had a drug or drinking problem from holding
>> safety-sensitive jobs. The result? You guessed it -- employees with a
>> history of alcohol abuse sued under the ADA, demanding their "right" to
>> those jobs. The federal government (Equal Employment Opportunity
>> Commission) supported the employees. Courts are still trying to sort it
>> out.
>> More money for the parasites.
>> John Stossel is an award-winning news correspondent and author of Myths,
>> Lies, and Downright Stupidity: Get Out the Shovel--Why Everything You
>> Know is Wrong.
>> _______________________________________________
>> leadership mailing list
>> leadership at acb.org
>> http://www.acb.org/mailman/listinfo/leadership
>
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