[Pibe-division] Driver's License required? What the EEOC says

Marianne Denning marianne at denningweb.com
Mon Mar 14 16:46:40 UTC 2016


Thanks Carlton.  Then the discussion becomes, "is the accommodation
reasonable?"  If a person worked for a very small company of 3 or 4
people it may cause an undue burden on the company so could be denied.
If, however, it were the state of Maryland or a large school district
in Maryland, then the accommodation would be reasonable.  At least,
that is my opinion.  It would probably take a court case to establish
this.  I really would like to hear from others because I believe this
is discrimination.  If a blind person applied for a TVI position they
would have to have to proper certification and the driving would be
incidental.  JMO.

On 3/14/16, Walker, Carlton via PIBE-Division <pibe-division at nfbnet.org> wrote:
> http://www.eeoc.gov/eeoc/foia/letters/2006/ada_license_function_accommodation.html
>
> To me, this is the heart of the matter:
>
>
> "Furthermore, it is important to determine whether driving is the objective
> to be accomplished or an incidental means for accomplishing the true
> objective. For example, driving could be an essential function for a person
> whose job requires that he deliver water pipes. This is especially true
> where others load and unload the pipes and this individual's function is
> simply to drive the truck to make the delivery.
>
> But, driving may not be an essential function for an engineer who must
> inspect pipes around the district. Engineers generally may drive themselves,
> but the essential function is to inspect the pipes. Driving is incidental to
> this job function -- the means to get to the site where pipes need to be
> inspected. The critical function is using one's experience, skills, and
> expertise to inspect pipes, evaluate the need for repairs or replacements,
> to bring in other skilled workers if necessary, and to order appropriate
> repairs or replacements."
>
> Carlton
>
> Carlton Anne Cook Walker, J.D., M.B.A., M.Ed.
> National Federation of the Blind Jernigan Institute
> Manager of Braille Education Programs
> 200 East Wells Street
> Baltimore, MD   21230
> (410) 659-9314, extension 2225
> CWalker at nfb.org<mailto:CWalker at nfb.org>
>
> The National Federation of the Blind knows that blindness is not the
> characteristic that defines you or your future. Every day we raise the
> expectations of blind people, because low expectations create obstacles
> between blind people and our dreams. You can live the life you want;
> blindness is not what holds you back.
>
> Disclaimer
>
> The information contained in this communication from the sender is
> confidential. It is intended solely for use by the recipient and others
> authorized to receive it. If you are not the recipient, you are hereby
> notified that any disclosure, copying, distribution or taking action in
> relation of the contents of this information is strictly prohibited and may
> be unlawful.
>
> This email has been scanned for viruses and malware, and may have been
> automatically archived by Mimecast Ltd, an innovator in Software as a
> Service (SaaS) for business. Providing a safer and more useful place for
> your human generated data. Specializing in; Security, archiving and
> compliance. To find out more visit the Mimecast website.
>


-- 
Marianne Denning, TVI, MA
Teacher of students who are blind or visually impaired
(513) 607-6053




More information about the PIBE-Division mailing list