[blindlaw] input requested on disability issue

[BRIAN LANGLOIS]

Off hand, I would suggest that the client receive training which would
minimize those perceived risks.
Many of us who are totally blind have worked in industrial settings which
are perceived as dangerous, but with the proper training, are quite
manageable.
Let me know if you need more information.
Brian L.
Haverhill, Massachusetts

----- Original Message ----- 
From: <dlmlaw at sbcglobal.net>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, February 20, 2007 10:36 AM
Subject: [blindlaw] input requested on disability issue


BW is 25 years old.  He has retinitis pigmentosa, is legally blind and has
previously received Social Security benefits as a result of his disability.

About one year ago, BW took a job with a local small business that makes,
and distributes, silk screen t-shirts.  Taking the job resulted in his
losing the SS benefits.  His job duties include counting, folding and
packaging shirts for distribution.  When he started his job, accommodations
were made to assist in his ability to perform his duties; i.e., sufficient
lighting was provided and his work station was situated to reduce hazards of
movement.

Last week, the business moved into a different warehouse.  The new workplace
is fraught with structural hazards and is very dimly lit in comparison to
the previous workplace.

Co-workers of BW have brought it to the attention of the business manager
and owner that the structural hazards are perilous for BW and that he cannot
perform his duties well in the dim lighting.  The owner's response was to
have the manager approach BW and ask BW if he would voluntarily quit;
otherwise, they will have to "let him go" as the business will not be
providing the same accommodations that were provided in the previous
workplace.

Keeping in mind that Texas is an "employment at will" state, I would
appreciate all thoughts on this issue.  Also, in which specific section of
the Americans With Disabilities Act will I find the provisions related to
requesting reasonable accommodations in writing?

Dan McBride
Attorney at Law


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