[tabi] Re: ADA discrimination being pursued by the feds

  • From: Chip Orange <Corange@xxxxxxxxxxxxxxx>
  • To: "tabi@xxxxxxxxxxxxx" <tabi@xxxxxxxxxxxxx>
  • Date: Mon, 17 Aug 2015 17:59:49 +0000

Hi Liz,

I think this is an extremely important issue, and if I were you, I'd write up a
description of each issue separately, and submit it to the FCB and the Florida
NFB with a cover letter asking them to pursue the accessibility barriers with
the agencies involved on behalf of all blind citizens of Florida. I believe
it's much easier for these agencies to dismiss the complaints of one individual
about their processes and facilities, while it would be much harder for them to
dismiss an entire consumer group.

I would also copy your Florida legislative representative and senators, in
hopes in the case of Florida State agencies, you could interest someone who may
have the ability to have this changed. Obviously I'd suggest the same for your
federal representatives/senators when it's a federal agency. I would always
report any incidents to the next higher level in any chain of command, as well
as to the legislative top; simply documenting repeated abuses can go quite a
long way towards a solution preventing them from reoccurring.


Yes, I have heard of many discrimination incidents committed by the very
people charged with protecting and/or promoting the welfare of the disabled
themselves; proving I suppose that people occupying a position simply for the
pay they receive (and not for beliefs in the correctness of the basic tenants
of their organizations) do exist everywhere; they need to be watched and
corrected as often as the general public.

I seem to recall some years back an incident where the Tampa Lighthouse
advertised an independent living specialist position, where a requirement for
the job was that you must provide your own car and be able to drive! The
blindness community was so outraged over this blatant violation of the ADA that
they were able to get the Lighthouse to change their advertised requirements
(although I don't know who ended up being hired for that position, and whether
any more subtle discrimination took place anyway).

I myself have filed less formal complaints around discrimination at times,
making it clear that if we could not resolve the issue that the complaints
would become more formal and so go to higher authorities. This is always a
much more productive path to start with I believe, as it can leave the
individual in a viable work place position with the complaint resolved, rather
than simply going directly to the result where the individual experiences a
loss of a job and the agency or company ultimately having to make remuneration.
When the latter occurs, the agency loses a possibly good employee, their
reputation is damaged, and they may face significant financial losses, all
because someone at the decision making level could not work out a rather
obvious (and usually minor and inevitable) ADA accommodation.

I am sorry the process was so hard for you Liz, that's not right. I am
suggesting to others that it's much better for everyone to never get that far
... always ask first for a manager to help work out the problem. Managers have
no excuse for letting the process go beyond this point, there are numerous
books written on how to be an affective manager which spell out quite clearly
that the law requires you to make every attempt to work out and around issues
with an employee with disabilities; you don't just fire them and hope for the
best in court! It's been 25 years now and we still have managers acting just
like that at times.

Chip


From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf Of
Elizabeth S Bowden
Sent: Monday, August 17, 2015 12:19 PM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] Re: ADA discrimination being pursued by the feds

If this has already come to you, I apologize. I got an error message last time
I sent, and don't remember if I chose to read my own posts to the list.

That discrimination must have been pretty blatant. I know when I filed with
the EEOC, and locally, the process was almost impossible. I know that when I
applied, the form was not accessible. I also heard through the grape vine that
EEOC and FCHR usually side with the employers. What do you all think. Have you
ever experienced discrimination? and if you did, did you think of reporting?
Like I said, I reported twice. In each case, the agency to report the claim to
had nothing accessible, nor did then understand what accessible documents were.
When I asked for accessible documents from the Florida Commission on Human
Relations, I was given PDF documents which could not be read with a screen
reader, you know "empty document". When I used a converter to read them, it
changed the format in such a way that the documents could not be read properly.
I did what I could to understand them, but felt at a disadvantage not only
because I didn't have access to the documents, but that I had to educate the
office whose responsibility it is to review cases how to accommodate my needs
as a blind person. The first time I filed, which was against the state of
Florida regarding the RIMS 2000 system used by Vocational Rehabilitation, The
representative I had lied about contacting me, and sent all correspondence in
small print. Since we rarely had someone to read our mail, I decided to let
that claim go because I didn't have time to educate the staff at FCHR and file
the claim as well as learn a new job.
How many of you have been in that position?



From: tabi-bounce@xxxxxxxxxxxxx<mailto:tabi-bounce@xxxxxxxxxxxxx>
[mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf Of Chip Orange
Sent: Monday, August 17, 2015 11:10 AM
To: tabi@xxxxxxxxxxxxx<mailto:tabi@xxxxxxxxxxxxx>
Subject: [tabi] ADA discrimination being pursued by the feds

Here's an excerpt from a newsletter from disability.gov:

Health Care Company Charged with Widespread Disability
Discrimination<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwMyIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzQwNTI1OTYiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cDovL3d3dzEuZWVvYy5nb3YvZWVvYy9uZXdzcm9vbS9yZWxlYXNlLzgtNS0xNS5jZm0iLCJidWxsZXRpbl9pZCI6IjIwMTUwODEwLjQ3OTcyODgxIn0.S_YXQ4wGXWPB2AUHXGgnfgU3dFWg0iab31b6F1YysKc>

The U.S. Equal Employment Opportunity Commission has charged Magnolia Health
Corporation and its affiliates with disability
discrimination<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwNCIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzAxNjg1MzgiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cDovL3d3dy5lZW9jLmdvdi9sYXdzL3R5cGVzL2Rpc2FiaWxpdHkuY2ZtIiwiYnVsbGV0aW5faWQiOiIyMDE1MDgxMC40Nzk3Mjg4MSJ9.TbQt5UpYHUvZwNYujEGomTv0dlMXNdN_0y5-OGVdbrg>
under the Americans with Disabilities
Act<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwNSIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzAxNjg1NDAiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cDovL3d3dy5hZGEuZ292L2FkYV90aXRsZV9JLmh0bSIsImJ1bGxldGluX2lkIjoiMjAxNTA4MTAuNDc5NzI4ODEifQ.rN-_ZCrbJpmF0j9LxQlODbKinVTxjRS6JXILhD97e48>
(ADA). The Visalia, CA based company runs health care and assisted living
facilities throughout California's Central Valley. Since 2012, Magnolia and its
affiliates have allegedly refused to hire job applicants because of their
disabilities and failed to provide
accommodations<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwNiIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzQwNTI2MDAiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cDovL2Fza2phbi5vcmcvZW1wbC9pbmRleC5odG0iLCJidWxsZXRpbl9pZCI6IjIwMTUwODEwLjQ3OTcyODgxIn0.4Gz8Q-7rVYCxjPipwxpxqcviboDathkF0fI_5N3iLLY>
for, and also fired, employees with disabilities.





Looking for more information about the ADA and other laws that protect the
rights of people with disabilities? Visit Disability.gov's Guide to Disability
Rights
Laws<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwNyIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzAxNjg1NDQiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cHM6Ly93d3cuZGlzYWJpbGl0eS5nb3YvcmVzb3VyY2UvZGlzYWJpbGl0eS1nb3ZzLWd1aWRlLWRpc2FiaWxpdHktcmlnaHRzLWxhd3MvIiwiYnVsbGV0aW5faWQiOiIyMDE1MDgxMC40Nzk3Mjg4MSJ9.oKyefOAYwSprVjFqOBmwlvajbYO0pu2qwfUF-9uivLE>.





From: tabi-bounce@xxxxxxxxxxxxx [mailto:tabi-bounce@xxxxxxxxxxxxx] On Behalf Of
Chip Orange
Sent: Monday, August 17, 2015 11:10 AM
To: tabi@xxxxxxxxxxxxx
Subject: [tabi] ADA discrimination being pursued by the feds

Here's an excerpt from a newsletter from disability.gov:

Health Care Company Charged with Widespread Disability
Discrimination<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwMyIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzQwNTI1OTYiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cDovL3d3dzEuZWVvYy5nb3YvZWVvYy9uZXdzcm9vbS9yZWxlYXNlLzgtNS0xNS5jZm0iLCJidWxsZXRpbl9pZCI6IjIwMTUwODEwLjQ3OTcyODgxIn0.S_YXQ4wGXWPB2AUHXGgnfgU3dFWg0iab31b6F1YysKc>

The U.S. Equal Employment Opportunity Commission has charged Magnolia Health
Corporation and its affiliates with disability
discrimination<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwNCIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzAxNjg1MzgiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cDovL3d3dy5lZW9jLmdvdi9sYXdzL3R5cGVzL2Rpc2FiaWxpdHkuY2ZtIiwiYnVsbGV0aW5faWQiOiIyMDE1MDgxMC40Nzk3Mjg4MSJ9.TbQt5UpYHUvZwNYujEGomTv0dlMXNdN_0y5-OGVdbrg>
under the Americans with Disabilities
Act<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwNSIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzAxNjg1NDAiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cDovL3d3dy5hZGEuZ292L2FkYV90aXRsZV9JLmh0bSIsImJ1bGxldGluX2lkIjoiMjAxNTA4MTAuNDc5NzI4ODEifQ.rN-_ZCrbJpmF0j9LxQlODbKinVTxjRS6JXILhD97e48>
(ADA). The Visalia, CA based company runs health care and assisted living
facilities throughout California's Central Valley. Since 2012, Magnolia and its
affiliates have allegedly refused to hire job applicants because of their
disabilities and failed to provide
accommodations<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwNiIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzQwNTI2MDAiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cDovL2Fza2phbi5vcmcvZW1wbC9pbmRleC5odG0iLCJidWxsZXRpbl9pZCI6IjIwMTUwODEwLjQ3OTcyODgxIn0.4Gz8Q-7rVYCxjPipwxpxqcviboDathkF0fI_5N3iLLY>
for, and also fired, employees with disabilities.





Looking for more information about the ADA and other laws that protect the
rights of people with disabilities? Visit Disability.gov's Guide to Disability
Rights
Laws<https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJlbWFpbCI6ImFjb3JhbmdlQGNvbWNhc3QubmV0IiwiYnVsbGV0aW5fbGlua19pZCI6IjEwNyIsInN1YnNjcmliZXJfaWQiOiI0NDc1MzkzODgiLCJsaW5rX2lkIjoiMzAxNjg1NDQiLCJ1cmkiOiJicDI6ZGlnZXN0IiwidXJsIjoiaHR0cHM6Ly93d3cuZGlzYWJpbGl0eS5nb3YvcmVzb3VyY2UvZGlzYWJpbGl0eS1nb3ZzLWd1aWRlLWRpc2FiaWxpdHktcmlnaHRzLWxhd3MvIiwiYnVsbGV0aW5faWQiOiIyMDE1MDgxMC40Nzk3Mjg4MSJ9.oKyefOAYwSprVjFqOBmwlvajbYO0pu2qwfUF-9uivLE>.



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