[blindlaw] input requested on disability issue

[Mike Freeman]

What is the possibility of DW learning appropriate "alternative 
techniques" such that he could perform the job without accommodation?

Mike

----- Original Message ----- 
From: <dlmlaw at sbcglobal.net>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, February 20, 2007 7:36 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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