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November 15, 2005

Is Your Visual Impairment a Disability Under ADA?

I believe the U.S. Equal Employment Opportunity Commission (EEOC) document Karen Thomas cites this week in eSight Community News is helpful for both employers and job seekers.

It’s a broad statement of the "access and inclusion" rights people with visual impairments possess under the ADA when it comes to employment.

The EEOC issued the document to help "eliminate unfounded fears and stereotypes which lead to employment discrimination against so many people who are blind or visually impaired."

See "EEOC Explains Employment Rights of Persons Who Are Blind or Visually Impaired."

The EEOC document, like most government directives, is a little bland, even though it includes 30 helpful but hypothetical examples of how the ADA guidelines can be applied to specific situations.

Let’s liven it up with our own personal-experience stories -– and give it some tinge of reality for both employers and job seekers.

Between now and the end of December, you’ll have an opportunity to think about five basic ADA questions covered by this EEOC document. We’ll consider them one week at a time. They are:

  1. When is visual impairment a "disability" under the ADA?

  2. What questions may employers ask job applicants about their visual impairments?

  3. What are the ADA’s provisions about accommodations for those with visual impairments?

  4. How should employers handle safety concerns?

  5. What does the ADA say about illegal harassment?
  • With that framework and our first-hand accounts, I think we can give employers an even clearer picture of what we believe "inclusion" should look like in today’s workplaces.

    On eSight’s "Swimming in the Mainstream" (SiM) blog last week, Liz wrote:

    "…We're still struggling with attitudes that (question whether) disabled people even have a place in society –- let alone (the right) to work and be independent…

    "If (there were a belief) that disabled people have as much right (as others) to be in society and function independently, we wouldn't have to be reinventing the wheel with each succeeding generation. We don't want to be designated as special; we just want to be included and be like everyone else."

    We don’t have to reinvent the wheel for each generation as individuals with disabilities, if we fully understand and demand our rights under the ADA.

    So, let’s take the first step this week and clarify when a visual impairment is a disability.

    The EEOC says:

    "A vision impairment is a disability if: (1) it substantially limits a major life activity; (2) it was substantially limiting in the past (i.e., if an individual has a ‘record of’ a substantially limiting impairment); or (3) an employer ‘regards’ or treats an individual as having a substantially limiting vision impairment…

    "Major life activities are those basic activities, including seeing, that an average person can perform with little or no difficulty…

    "A totally blind person still meets the ADA's first definition of ‘disability,’ even if she can move about freely with the use of a white cane or service animal, can work with assistive technology or a reader, and can use her hearing to do what others can do using sight (e.g., cross a street)…

    "A person who has a record of an impairment that substantially limited a major life activity in the past or who is regarded by his employer as having such an impairment also has a disability and, therefore, is covered by the ADA."

    This week’s SiM discussion topic is:

    Briefly explain an employment situation in which there was a question about whether your visual impairment qualified as a disability.


    Add your comments to this posting

    Posted by Jim at November 15, 2005 03:23 PM

    Comments

    It was July, about five or six years ago and I sat in my supervisor's office. I found myself dazed at her words, "In my heart of hearts, I just don't think you can make it here." I vowed to this catholic nun that I would prove her wrong (believing in MY heart of hearts that my blindness was/is an asset) though the ADA sees it differently. The words I heard that day were not borne out by nurses and patients with whom I worked in that hospital. I had no reader because a. volunteers couldn't be found, b. I wasn't connected with VR, c. my peers had no time to read the monumental amounts of paperwork that flooded our mailboxes. I challenge religious organizations be they churches, hospitals, schools or whatever, to gain further knowledge about the ADA because I still believe that many think the ADA is merely the widening of doors, the statement, "WE are ACCESSIBLE" but with no attitudinal meat on the bones of the print hymnbooks, the wasted handouts, the inaccessible liturgies in which EVERYONE is to participate and the lack of verbal and tangible support of an employee on a continuing basis. I had a job honeymoon as long as I was a novelty but when I demanded to become an integral part of the family, offering to educate, my disability became, not the visual impairment but the barriers created by the increasing lack of reasonable accommodation.

    Posted by: Jo Taliaferro at November 16, 2005 08:35 PM

    I have a degree in Social Work and have tried to work in that field 2 times only to be treated like I was invisible. There were many times I was not included in activities at work like going to lunch because no one wanted my dog NeAnne to come and frankly I don't like going "sighted guide" with those who had never helped a blind person before so many time I was excluded. I remained at one job for over a year as a Foster care Social Worker and didn't have much assistance until 6 weeks before I was terminated. When I was terminated my office and records were in perfect order and I feel my supervisor waited until things were in top notch condition. I tried to work again with another organization that delt with Foster Care and I was a Case Manager. At my request I had my assistant changed and I was placed with one who had no computer skills and was going to school full time which left me with no help to accomplish my job tasks. I resigned my posision after 5 months because I was set up for failure. I have not worked in 5 years and frankly I'm terrified of trying to re-enter the job force. So my dreams as a Social Worker may never come true ... Both agencies were investagated by the EEOC and suits were filed but now because of the rural area where I live I would most likely never get offered another job in Social Work. While in school at the University of Southern Colorado I graduated with a 3.44 GPA, was in the National Honor Society for Social Workers, and was in Who' Who's. I had many friends and during the graduation ceramony I recieved a standing ovation of about 6,000 people and I truely feel I have the compassion and the ability to work in my chosen field but ... I can't overcome the stigmas attached to being blind. If we don't talk to our co-workers we are considered strange and if I were to ask who all is in the room for some reason I was told they thought I had something negative to say. Doomed either way. I have sadly let my Social Work License laps for the reason my self esteem isn't very good and my spirit has been broken beyond repare.

    Cindy Mcintyre (Social Worker could be)

    Posted by: Cindy Mcintyre at November 17, 2005 02:23 PM

    Hopefully some VR agency workers out there are reading this. I wish these so-called VR professionals, some of whom claim to have backgrounds in psychology and therefore can understand the feelings of many a blind person, would stop judging us all the time. They need to wake up and smell the roses, and come to the realization that there is not simply one way to think or function in society as a blind or visually-impaired person. This is just a simple fact of life that will never change. It is not only true of visually-impaired people, but of all disabled people. But let's focus on visually-impaired people since that is mainly what these blogs are about. I had one counselor who asked me, out of the blue, if I had ever been suicidal. My purpose for being at her office was to meet with a job coach, and not to discuss depression. What I really felt like saying to her was, and I freely quote, "No I have never done that." This is the truth, by the way. I have since wondered what she would've done if I responded to her question in the affirmative. Would she have simply ignored my plea for help, or would she have actually gotten me the help I would've needed. Or what if I said to her, "No I don't want to kill myself, do you?" But I suppose she would've reported me to the authorities for that one, right? It's a question that I think about to this very day. I think I mentioned this briefly in a previous Swimming in the Mainstream topic. Mind you, this counselor claimed that she had a background in psychology. What's more, the letters following her name seemed to indicate such a background. I've been told that suicide/depression is a very serious topic, and that it should not be joked about. This counselor has since been promoted within the agency. If I were that b**** of a woman's supervisor, I'd fire her on the spot. I have taken psychology courses in school, and if I was paying any attention at all I never saw mention of the fact that suicide should be freely and openly asked about. I do believe I was paying attention. There are people who actually do have problems with depression. So that just proves my point that it is not a laughing matter. I was going to be an IT specialist and the ORS people in my state were going to look around and see where I could get more training in adaptive technology. However, the counselor who told me all that has apparently been transferred to another office, or at least that was what my mom and I have been told. I have tons of excellent talents and skills, and I am not the only person to say that. I don't just hear that from other people, I believe it to be true. There are things which interest me, and I am good at a lot of things. What *really* needs to happen, is that those of us who really want to do some type of work and who are able to work, need to be given the opportunity to really prove ourselves. Just because I happen to have slightly slower speech than, say, the average Jake or Joe or whomever, or just because someone chooses to function with a guide dog rather than a white cane, in no way makes that person of less importance, nor should it. As a matter of fact, I have been told by a few people that my speech is very easy to understand, and that since I talk slower it is easier for others to follow what I am saying. If other people need me to repeat myself, I am always glad to do that. As part of my receptionist duties at a nonprofit organization, I answered the phone at the front desk. Callers would often make a point of telling me and/or my coworkers that they always enjoyed it when the phone was picked up and they heard my voice on the other end. I also enjoyed working there. Not only was it a good organization, but I enjoy helping out other people when they need it. I will end my post by saying that the ADA needs major reform. The current definition of disability, as it is in the ADA, is not accurate last I checked. Mind you, I am no legal expert nor will I ever claim to be a legal expert. But all I am saying is that everybody needs to be given a chance, regardless of some minor characteristics. I think organizations like the National Federation of the Blind, which it appears has many members with a very hard and fast attitude toward blindness, need to be forced to swallow some very bitter pills if they are going to ever make it in this world.
    Jake
    Jake

    Posted by: Jake Joehl at November 17, 2005 07:04 PM

    What kind of job is possible for vision impairments?

    Posted by: Anonymous at October 13, 2006 02:04 PM