[blindlaw] input requested on disability issue

[Will Miller]

Hello Mr. McBride, I used to work for a federally-funded organization that 
provides technical assistance on job accommodation and other ADA issues. I 
think it is difficult to answer your question adequately without more 
details about BW's situation. I suggest you contact someone to discuss the 
matter in more detail. My former employer is one of ten regional ADA and 
Accessible IT Centers -- you can contact your regional center at 
1-800-949-4232. Another excellent resource for information about job 
accommodations is the Job Accommodation Network (JAN) at West Virginia 
University. You can call them at 800-526-7234. They also have an excellent 
website: www.jan.wvu.edu.

Best wishes,

Will Miller
(current One L)

----- 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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