[nfbmi-talk] Job Opening

Sat Oct 25 19:29:12 UTC 2014

How is holding a Michigan Drivers Licence for most of the jobs discussed an 
essential function of the job?

Re:
Essential job functions are the fundamental duties of a position: the things 
a person holding the job absolutely must be able to do. Essential job 
functions
are used to determine the rights of an employee with a disability under the 
Americans with Disabilities Act (ADA). An employee who can't perform the 
essential
job functions, even with a reasonable accommodation, isn't considered 
qualified for the job and isn't protected from discrimination.

Why Essential Job Functions Are Important

Under the ADA, employees are protected from disability discrimination in the 
workplace. However, employers don't have to hire an employee who can't do 
the
job, regardless of whether or not the employee has a disability. Essential 
job functions are used to determine which employees are protected by the ADA
and which are not.

An employee who is otherwise qualified (for example, because the employee 
has the degrees, license, and experience required for the position) is 
protected
from disability discrimination if he or she can perform the essential job 
functions. It doesn't matter if the employee requires an accommodation from 
the
employer to do so: As long as the employee can perform the essential 
functions of the job, with or without a reasonable accommodation, the 
employee is
protected from discrimination by the ADA.

This is why the labeling of job functions as "essential" or "nonessential" 
is so important. If a function is truly essential, and an applicant or 
employee
cannot perform it even with a reasonable accommodation, then that person is 
not qualified for the job as a legal matter. The person cannot bring a 
disability
discrimination lawsuit against the employer, even if the person couldn't 
perform the essential job functions because of a disability. On the other 
hand,
if a function is not truly essential, the employer cannot exclude a person 
with a disability from consideration for the position just because that 
person
can't perform the function. Legally, it may not play a role in the employer's 
decision-making process.

Which Job Duties Are Essential?

As the name suggests, essential job functions are the fundamental, not 
marginal, duties of a job. A job duty is an essential function if any of the 
following
is true:
List of 3 items
. The reason the job exists is to perform that function. For example, an 
essential function of a pilot is to fly planes.
. Only a few employees can perform the function.
. The function is so highly specialized that the employer hires people into 
the position specifically because of their expertise in performing that 
function.
list end

In determining whether a job function is essential, the Equal Employment 
Opportunity Commission (the federal agency that enforces the ADA and other 
discrimination
laws) looks at these factors:
List of 7 items
. the employer's assessment of which functions are essential, as 
demonstrated by job descriptions written before the employer posts or 
advertises for the
position
. whether the position exists to perform that function (if the entire job 
consists of one function, such as loading and unloading boxes or entering 
information
into a database, then than function is essential)
. the experience of employees who actually hold that position
. the time spent performing the function
. the consequences of not performing the function
. whether other employees are available to perform the function, and
. the degree of expertise or skill required to perform the function.
list end

The weight each factor receives will depend on the facts. For example, a 
security guard may rarely (if ever) have to use a weapon. However, the 
position
exists to guard valuables, and a security guard who was unable to use a 
weapon when one was required would be at great risk (not to mention 
ineffective
at the job).

by:
Lisa Guerin,
J.D.

----- Original Message ----- 
From: "Fred Wurtzel via nfbmi-talk" <nfbmi-talk at nfbnet.org>
To: "'Mark Eagle'" <markaeagle at yahoo.com>; "'NFB of Michigan Internet 
Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Saturday, October 25, 2014 2:14 PM
Subject: Re: [nfbmi-talk] Job Opening

> Hi Mark,
>
> I agree.  Maybe leaving the blank empty or putting an asterisk there may 
> be
> a way to get to the interview where the requirement may be negotiated.  I
> agree that lieing is not a good idea. Another approach is to contact the 
> HR
> department of the employer and ask their advice.  It is possible to
> negotiate anything in the hiring process.  Clearly ADA specifically 
> mentions
> drivers as a reasonable accommodation.  This is not a major issue if they
> want to hire you.  I have found that working with HR on these items works
> pretty well, most of the time, but it is not a surefire answer.
>
> 1 key to finding a job is to develop a relationship with the hiring entity
> prior to a job posting.  When the job is posted, then be relentless, not
> obnoxious, about following up with the key person, whom you already know
> from the prior relationship.  Most people get hired by people they know or
> who know of them.  According to statistics, this accounts for 75-80% of
> hiring. Sending out resumes has a less than 3% success rate.
>
> To me, the very best job seeking system is Richard Nelson Bolles "What 
> Color
> Is Your Parachute?" book.  A lot of people have this or that objection to
> the book, but, it works and that is the only measure of whether it is a 
> good
> resource. I would love to have us put on a job-finding workshop based on
> this book.  I am certain that those who use the techniques will find a 
> job.
>
> Back to the driver's license issue, we are somewhat stigmatized by this
> question, since many sighted people who do not have a driver's license 
> have
> lost it for not-so-wonderful reasons.  So, an explanation of some kind 
> will
> help allay fears of hiring a drunk driver or scofflaw.  I am not saying 
> that
> every sighted person without a license is such a person, I am only saying
> there is unfair guilt by association.
>
> I think the affirmative approach is called for, here.Let's work on helping
> each other get jobs. Support, encouragement and sensible advocacy 
> techniques
> will give those of us seeking work a lot of confidence in the hiring
> process.  I am willing to help.
>
> Warmest Regards,
>
> Fred
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of Mark
> Eagle via nfbmi-talk
> Sent: Saturday, October 25, 2014 11:14 AM
> To: terrydeagle at yahoo.com; NFB of Michigan Internet Mailing List
> Subject: Re: [nfbmi-talk] Job Opening
>
> I have been seeking meaningful employment for many years now and I have
> found that a large number of employers ask for a valid Michigan driver
> license. The private, nonprofit and yes the public section all ask on
> employment applications if you have one. As an applicant you don't want to
> answer no because they will over look your application. On the other hand,
> if you say yes you are lying on an application.
>
> I personally find this practice of asking for and requiring a driver 
> license
> the biggest barrier to employment. I have even experienced this in a 
> recent
> interview with BSBP.
>
>
> ________________________________
> From: Terry D. Eagle via nfbmi-talk <nfbmi-talk at nfbnet.org>
> To: 'joe harcz Comcast' <joeharcz at comcast.net>; 'NFB of Michigan Internet
> Mailing List' <nfbmi-talk at nfbnet.org>
> Sent: Saturday, October 25, 2014 8:53 AM
> Subject: Re: [nfbmi-talk] Job Opening
>
>
> MPAS and many nationwide state agencies also require a valid driver 
> license,
> for office and client contact jobs.  What a sly motive and way to
> discriminate against persons with disabilities.
>
> -----Original Message-----
> From: nfbmi-talk [mailto:nfbmi-talk-bounces at nfbnet.org] On Behalf Of joe
> harcz Comcast via nfbmi-talk
> Sent: Saturday, October 25, 2014 8:16 AM
> To: Fred Wurtzel; NFB of Michigan Internet Mailing List
> Subject: Re: [nfbmi-talk] Job Opening
>
> Did you notice, Fred the requirement for a "valid Michigan drivers licenc
> " here?
>
> This is a discriminatory policy as it is not an essential function of the
> job under Title I of the ADA.
>
> And it tends to glean out people with disabilities, including those who 
> are
> blind solely on the basis of disability.
>
> Joe Harcz----- Original Message ----- 
> From: "Fred Wurtzel via nfbmi-talk" <nfbmi-talk at nfbnet.org>
> To: "NFB of Michigan Internet Mailing List" <nfbmi-talk at nfbnet.org>
> Sent: Thursday, October 23, 2014 8:02 PM
> Subject: [nfbmi-talk] Job Opening
>
>
>> Hi,
>>
>>
>>
>> Here is a job that someone trained in BEP may be interested in.
>>
>>
>>
>> Warmest Regards,
>>
>>
>>
>> Fred
>>
>>
>>
>> 1. Position Open for Exchange Food Hub Manager at Allen Market Place
>>
>> Allen Neighborhood Center is seeking an Exchange (Food Hub) Manager for
>> Allen Market
>>
>> Place. Our full time Exchange Manager will:
>>
>> have primary responsible for providing aggregation and distribution
>> services
>> to increase
>>
>> sales of regionally grown food and food products to commercial and
>> institutional
>>
>> buyers, e.g., restaurants, hospitals, schools, caterers, grocers, buying
>> clubs, etc.
>>
>> support the development of the local value-added industry by linking
>> growers
>> and
>>
>> food entrepreneurs with the AMP licensed Kitchen to create value-added
>> products,
>>
>> with the option of distribution through the Exchange;
>>
>> develop and promote a comprehensive schedule of training workshops,
>> marketing services
>>
>> and coaching opportunities (e.g. business planning, financial management,
>> food safety
>>
>> compliance, marketing & branding, etc.) taught by educators and mentors
>> from
>> partnering
>>
>> organizations throughout the region.
>>
>> Specific duties include (but are not limited to):
>>
>> Cultivate and nurture relationships with regional growers and food
>> producers
>> and
>>
>> with local food procurers to increase use of the Exchange.
>>
>> Manage the online website (
>>
>> www.allenmarketplace.org
>>
>> ) and software associated with the Exchange.
>>
>> Coordinate use of the AMP incubator kitchen by growers & food producers 
>> to
>> create
>>
>> value added food products; provide guidance for licensing and link to
>> training opportunities.
>>
>> Develop additional uses of the AMP kitchen (e.g., culinary job skill
>> development)
>>
>> Facilitate activities of the instructional team; create & promote a 
>> robust
>> workshop
>>
>> schedule of offerings for growers & food producers.
>>
>> Recruit, train, and direct volunteers and interns involved in the
>> Exchange.
>>
>> Other duties as assigned.
>>
>> Minimum Qualifications
>>
>> A professional and resourceful style with the ability to work
>> independently
>> and as
>>
>> a team player.
>>
>> Strong organizational skills with exceptional attention to detail as they
>> manage
>>
>> multiple tasks/projects at a time.
>>
>> Experience in managing and creating relationships with multiple partners,
>> patrons,
>>
>> and neighbors.
>>
>> Entrepreneurial energy, positive, "can-do" attitude, flexibility, and
>> teamwork.
>>
>> High level of initiative.
>>
>> Excellent verbal and written communication skills.
>>
>> Ability to develop, implement, nurture and evaluate programs.
>>
>> Skills in managing our online website (
>>
>> www.allenmarketplace.org
>>
>> ) and software associated with the Exchange.
>>
>> Passion for strengthening the local food system and for the ANC mission.
>>
>> Commitment to Lansing's Eastside, its residents, stakeholders as well as
>> strategic
>>
>> partners throughout the mid-Michigan region.
>>
>> A bachelor's degree in relevant area of study.
>>
>> Management experience in business or non-profit organization preferred.
>>
>> Flexible availability required (some nights and weekends).
>>
>> Experience in food programs.
>>
>> Valid Michigan driver's license.
>>
>> Compensation
>>
>> Full-time position (40 hours/week) to begin early November 2014.
>>
>> Salary commensurate with experience; benefits available.
>>
>> Cover Letter & Resume due Tuesday, October 28, 2014
>>
>> Submit to: Joan Nelson, Director
>>
>> Allen Neighborhood Center
>>
>> 1619 E. Kalamazoo St., Lansing, MI 48912
>>
>> 517-999-3912
>>
>> ;
>>
>> _______________________________________________
>> nfbmi-talk mailing list
>> nfbmi-talk at nfbnet.org
>> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> nfbmi-talk:
>>
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.n
> et
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/terrydeagle%40yahoo.
>
>
>
> com
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/markaeagle%40yahoo.c
> om
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/f.wurtzel%40att.net
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net 