[NFBofSC] Letter to the Equal Employment Opportunity Commission Regarding Discriminatory

[Steve Cook]

March 21, 2023
The Honorable Charlotte Burrows
Chair
United States Equal Employment Opportunity Commission 131 M Street, NE Washington, DC 20507
RE: 29 CFR § 1630.10 - Qualification standards, tests, and other selection criteria Dear Chair Burrows:
The National Federation of the Blind requests that the Equal Employment Opportunity Commission (EEOC) reconsider the rule at 29 C.F.R. Section 1630.10 to address a discriminatory employment qualification used by numerous employers all across the United States wherein employers require all applicants for a position to possess a valid driver’s license even when driving is not an essential function of the job. The National Federation of the Blind is the transformative membership and advocacy organization of blind Americans, with the goal of complete integration of the blind into society on the basis of equality. The Federation has spent a large portion of its 82 year history combating discrimination and low expectations in the workplace.
According to the American Medical Association, “All states have visual acuity requirements for licensure.”1 We understand the need for states to require specific visual acuity standards to operate a vehicle and, therefore, obtain a driver’s license. Until automated vehicles where no driver input is required are widely available, this is a necessity which automatically precludes blind and low vision individuals from acquiring said license. However, based upon the language of the ADA (42 U.S.C. § 12113(c)) and the accompanying regulation,2 a driver’s license is a qualification standard or selection criterion “based on an individual’s uncorrected vision.” When an employer requires an individual to possess a driver’s license as a condition of employment for a position where driving is not an essential function,3 the employer is in direct violation of the law.
The EEOC has released an informal discussion letter from 2006, stating:
Under the Americans with Disabilities Act (ADA), an employer may impose qualification standards that are job-related and consistent with business necessity. 29 C.F.R. §1630.10. As explained in the appendix to the ADA regulations, “the purpose of this provision is to ensure that individuals with disabilities are not excluded from job opportunities unless they
1 Paul G. Steinkuller, “Legal Vision Requirements for Drivers in the United States,” Virtual Mentor 12, no. 12 (December 2010): 939.
2 29 CFR § 1630.10.
3 29 CFR § 1630.2(n)
https://nfb.org/sites/nfb.org/files/2023-03/EEOC-Drivers-License-Reconsideration-3-21-2023.pdf



Steve Cook
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Denise Valkema
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