[HumanSer] What Can the Division Do? was Questions about Driver's License as a Minimum Requirement for Employment

Thu Nov 5 16:34:38 UTC 2020

Dear All,

	I believe one of the duties of the Human Services Division is to act as an advocate for those facing such discrimination. Perhaps someone from the division could mediate this issue and act as an advocate for our member. Though I do not want to be the one, I have a lot of experience in this arena on behalf of guide dog users. The issue is different but the approach can be the same. I would be willing to offer guidance to someone wishing to be an advocate on this issue. This needs to be the decision of the board or, at least, the president of the division. 

Fraternally yours,
Marion Gwizdala

Marion Gwizdala
(813) 626-2789
Marion.Gwizdala at verizon.net 

-----Original Message-----
From: HumanSer [mailto:humanser-bounces at nfbnet.org] On Behalf Of Cook, Shannon via HumanSer
Sent: Wednesday, November 4, 2020 2:48 PM
To: Human Services Division Mailing List
Cc: Cook, Shannon
Subject: Re: [HumanSer] [External] Re: Questions about Driver's License as a Minimum Requirement for Employment

Hi Sarah,

I would not let this rest.  They are not seeing that this boils down to discrimination.  They could hire a driver for you, that would be yours alone.  They could do all of the background checks and training they need to for HIPAA purposes.  Then you could do the job and not be relegated to the office.  

I would call the Jernigan Institute and speak with someone in legal.  They could advise you as to the best way to handle this.  Look at it this way, when another blind person applies for a similar job, they will have no quahms about telling them they're not qualified.  Then those employees get the impression that blind people may not be able to do the job. It just becomes a ripple effect.
Just my two cents.

Thank you.

Shannon Cook, MSW, CPM

-----Original Message-----
From: HumanSer <humanser-bounces at nfbnet.org> On Behalf Of Sarah Meyer via HumanSer
Sent: Wednesday, November 4, 2020 9:59 AM
To: Human Services Division Mailing List <humanser at nfbnet.org>
Cc: Sarah Meyer <sarah.meyer55 at gmail.com>
Subject: [External] Re: [HumanSer] Questions about Driver's License as a Minimum Requirement for Employment

Well, after proposing the various accommodations and options discussed, here is the response I received this morning:

"Great to hear back, thank you for your ideas. Due to HIPPA, client confidentiality and compliance needs, another individual could not drive you and clients to different locations. Drivers would have to go through all of the required background checks like FBI, CPS, local, sex offender, etc., in order to be around our clients and this would not be a feasible solution due to the different drivers you could get on each occasion.

Utilizing taxis to take clients home is also not a workable solution as we would run into client safety issues as well as the issue mentioned above. Transporting clients is a minimum requirement of this role and we do not have any workarounds for this that meet HIPPA, client confidentiality, compliance and safety needs.

Unfortunately due to the need to be able to drive and transport clients being a minimum requirement and essential function of our School Based Therapist roles, we do not see you as being eligible for this role at this time.

I am happy to recommend you for office-based roles and will check with my team to see what other openings we may have at this time. I will also reach out to Stephanie and let her know that unfortunately you do not meet the minimum requirements of her role at this time."

I responded and asked if they would consider me if I had a consistent driver who could pass all of the background checks. In all honesty, I do understand where they are coming from in terms of HIPAA, confidentiality concerns, etc., and I do think an office-based position would be more feasible/practical. It is still disappointing to be ineligible for something I have no control over when I'm qualified in every other way. It sucks, but I also get it.

Sarah

On 11/3/20, Ericka via HumanSer <humanser at nfbnet.org> wrote:
> JD, i am confused about your comment about showing hoe tech works 
> during an interview.  Most jobs require computer skills. Most 
> employers are concerned about whether they beed to hire someone to do 
> the reading and computer skills for the job. Most don’t even know about VoiceOver pn an iPhone.
> There are so few jovs that don’t have computer use as an essential 
> skills of jobs. There isn’t one job in a nursing home that doesn’t 
> have tech as part of their job duties. I learned that this year.
>
> Not having tech skills has always bitten me in the butt.
>
> Ericka Nelson
>
>> On Nov 2, 2020, at 10:24 AM, JD Townsend via HumanSer 
>> <humanser at nfbnet.org> wrote:
>>
>> Hello Sarah,
>>
>> Sad that employers continue to use the driver license "requirement" 
>> to eliminate blind applicants.
>>
>> I have answered the question by saying that I arrived at the 
>> appointment independently and would be able to meet any travel requirements.
>>
>> When the item comes up in an application form I have left the answer 
>> unanswered as driving was not a part of the job description.
>>
>> I never "disclosed" that I am blind, however my dog guide or white 
>> cane usually informs the interviewer.  Most often they don't know 
>> what to do with a blind applicant, but that is their problem.  As 
>> long as you have the self-confidence and ability to present yourself 
>> as able, you will do well.
>>
>> Job applicants who feel they must prove that they are able by 
>> bringing in tech equipment or disclosing prior to the interview, tend 
>> to do more poorly in obtaining employment.  The employer wants an 
>> employee who can be consistently on time and do a satisfactory job 
>> while being a part of a team.
>>
>>
>> Congratulations on your graduation and best of luck on your job search.
>>
>>
>> JD Townsend, LCSW
>> Helping the light dependent to see
>>
>> -----Original Message-----
>> From: HumanSer <humanser-bounces at nfbnet.org> On Behalf Of Sarah Meyer 
>> via HumanSer
>> Sent: Sunday, November 1, 2020 12:49 PM
>> To: humanser at nfbnet.org
>> Cc: Sarah Meyer <sarah.meyer55 at gmail.com>
>> Subject: [HumanSer] Questions about Driver's License as a Minimum 
>> Requirement for Employment
>>
>> Greetings all,
>> I hope you are all well and staying healthy. I am writing because I 
>> am beginning my job search since I am graduating with my Master's in 
>> Clinical Mental Health Counseling this December and have come across 
>> my first barrier through my first interview.
>>
>> I interviewed for a position as a school-based therapist through a 
>> community mental health agency the other day. The interview went well 
>> but I received an email a few hours later from the person in HR with 
>> whom I have been in contact stating that while the supervisor said 
>> the interview was positive and productive, I disclosed that I am 
>> blind, and she wanted to clarify if I would still be able to drive 
>> and transport clients and if I had a driver's license and auto 
>> insurance.
>> She said these were minimum requirements for the job. I should note 
>> that I never filled out an application for this position; the career 
>> coach from the Ball State University Career Center with whom I have 
>> been working connected me with this person from HR at a community 
>> mental health agency so I reached out with my CV and was soon 
>> contacted thereafter with an offer of an interview. I responded to 
>> the email inquiring about my ability to transport clients and 
>> verified that I am blind and do not drive but asked if transporting 
>> clients was an essential function of the job. My understanding is 
>> that most of the year, I would be meeting with students and families 
>> in an office at the high school or virtually, except in the summer 
>> and other breaks when they transition to a community-based approach. 
>> Therapists will pick up students and bring them to the school, meet 
>> with them in the community, or go to their homes. Additionally, if 
>> students meet with the therapist after the schoolday ends, therapists 
>> will drive them home. The supervisor said that when she was in this 
>> position, they sometimes made arrangements with parents for 
>> transportation, but this was not always reliable and she preferred to 
>> drive students herself as this allowed her to maintain the most 
>> control over her schedule.
>>
>> I am wondering if anyone on this list has done school-based therapy 
>> or community-based therapy that typically involves transporting 
>> clients as a part of the job, and if so, how you navigated this 
>> situation. I am curious if folks still apply for jobs where a 
>> driver's license is required. I am also curious if people have 
>> suggestions on how to proceed with this potential employer. I thought 
>> about the possible option of hiring a driver, but would this be 
>> acceptable to an employer if they are concerned about confidentiality 
>> and other liability concerns?
>>
>> I look forward to hearing back from you at your earliest convenience.
>>
>> Best wishes,
>>
>> Sarah
>>
>> --
>> Sarah K. Meyer
>> Graduate Student, Clinical Mental Health Counseling Ball State 
>> University
>> Pronouns: she/her/hers. See
>> https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.
>> mypronouns.org%2F&data=04%7C01%7Cshannon.cook%40sccb.sc.gov%7Ca54
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>> sarah.meyer55 at gmail.com
>> (317)402-6632
>>
>> The National Federation of the Blind knows that blindness is not the 
>> characteristic that defines you or your future. You can live the life 
>> you want; blindness is not what holds you back. Together with love, 
>> hope, and determination, we transform dreams into reality.
>>
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--
Sarah K. Meyer
Graduate Student, Clinical Mental Health Counseling Ball State University
Pronouns: she/her/hers. See
https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.mypronouns.org%2F&data=04%7C01%7Cshannon.cook%40sccb.sc.gov%7Ca541f328f47f4aa80a8a08d880d27710%7Ce9f8d01480d84f27b0d6c3d6c085fcdd%7C1%7C0%7C637400988714336366%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=qwgisSWNrQcxSli08tFQAzK4OsqMqPzW%2F1Xu70Z4Da0%3D&reserved=0
sarah.meyer55 at gmail.com
(317)402-6632

The National Federation of the Blind knows that blindness is not the characteristic that defines you or your future. You can live the life you want; blindness is not what holds you back. Together with love, hope, and determination, we transform dreams into reality.

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