Ridor and ADA Violation
Ricky shared with us his experience being interviewed by a prospective employer at Community Center for the Deaf and hard of Hearing (CCDHH) in Richmond:
“You will get the voice mails and recording machines from hearing individuals, how do you plan to retrieve it?â€I answered that this building (where the CCDHH is affilitated with Commonwealth Catholic Charities of Virginia), has a secretary. I can rely on her to do this for me.
Patty shot back, “What if the secretary is not here?â€
I said, “There are about 60 hearing employers here in this building. Surely, someone can do this.â€
Patty shot back, “What if they are not here?†http://www.ridorlive.com/?p=2039
Commentary: Ultimately, it is the employer’s responsibility to make the work atmosphere accessible to the deaf worker, including the phone duties, as defined by ADA. The employer doesn’t place the responsibility on a prospective employee.
Honestly that atmosphere was hostile to a deaf person being interviewed. In my opinion, that interviewer violated the spirit of ADA by not treating hearing and deaf interviewees equally and I hope Ricky will contact the ADA Division at Dept of Justice to follow up on this. This, coming from a center providing services of the local deaf and hard of hearing citizens, is absolutely inexcusable. One may find multiple reasons to explain why the interviewer took this stance, but under ADA, this interviewer broke the law. Elizabeth
Americans with Disabilities Act (ADA) Information
Sec. 12112. Discrimination
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
 (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;Â
Sec. 12112. Discrimination. [Section 102]
Ricky shared with us his experience being interviewed by a prospective employer at Community Center for the Deaf and hard of Hearing (CCDHH) in Richmond:
“You will get the voice mails and recording machines from hearing individuals, how do you plan to retrieve it?â€I answered that this building (where the CCDHH is affilitated with Commonwealth Catholic Charities of Virginia), has a secretary. I can rely on her to do this for me.
Patty shot back, “What if the secretary is not here?â€
I said, “There are about 60 hearing employers here in this building. Surely, someone can do this.â€
Patty shot back, “What if they are not here?†http://www.ridorlive.com/?p=2039
Commentary: Ultimately, it is the employer’s responsibility to make the work atmosphere accessible to the deaf worker, including the phone duties, as defined by ADA. The employer doesn’t place the responsibility on a prospective employee.
Honestly that atmosphere was hostile to a deaf person being interviewed. In my opinion, that interviewer violated the spirit of ADA by not treating hearing and deaf interviewees equally and I hope Ricky will contact the ADA Division at Dept of Justice to follow up on this. This, coming from a center providing services of the local deaf and hard of hearing citizens, is absolutely inexcusable. One may find multiple reasons to explain why the interviewer took this stance, but under ADA, this interviewer broke the law. Elizabeth
Americans with Disabilities Act (ADA) Information
Sec. 12112. Discrimination
No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
 (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;Â
Sec. 12112. Discrimination. [Section 102]
November 25th, 2006 at 1:38 pm
Patty Myers has violated the
ADA. Ridor must get busy to consult the NAD’s law center
who would help Ridor file a
lawsuit against both Patty Myers and the CCDHH. Act now!
November 27th, 2006 at 2:28 pm
I agree.
Ms. Myers is clearly in violation of the American Disability Act (ADA).
I used to be on the Disability Awareness Training committee, giving presentations to employers/executives. We discussed REASONABLE ACCOMMODATIONS–the key words behind the ADA–for people with a disability. We explained that some employees who have a disability may need some adjustment in work that helps them to perform at their best. The employees have the necessary skills to do what’s required if adjustments are made. Such changes are often critical to their success. Although some of the adjustments might be different from those that work for other people, they accomplish the same result–allowing a qualified employee to do the best job they can. These adjustments provided are often just good business practices. Reasonable accommodations are those adjustments within a work site that allow an otherwise qualified employee with a disability to perform the tasks required.
The ADA clearly states that the employers (bosses) are NOT expected to provide opportunities to those who cannot do what is necessary. The laws DO NOT require anyone to lower the standards of performance or change the qualifications needed to gain entry into a job. What is expected are changes in the ways that those standards are met.
Employers are required to provide reasonable accommodations under 2 separate laws: The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973. Recently, the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on the ADA and Psychiatric Disability. In What laws require that reasonable accommodations be provided you can read a summary of this Guidance and find out more about these laws and definitions of the technical terms.
Act now, Ricky! File a lawsuit! Please keep us posted!
November 27th, 2006 at 3:40 pm
Anyone who experiences employment discrimination because of his/her disability should file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). Visit http://www.eeoc.gov for more information.