[blindlaw] Blind Casa's/Guardian ad litem's

[lisamc2 at optonline.net]

Dear Mr. Sandefur,

This is an excerpt from the ADA's text (http://www.dol.gov/esa/regs/statutes/ofccp/ada.htm):

Title I: Employment

Section 101. Definitions

(5)(A): The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees,......and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees,....and any agent of such person.

(B): The term "employer" does not include-

(i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or

(ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501 (c) of the Internal Revenue Code of 1986.

(8): The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accomodation, can perform the essential functions of the employment position that such individual holds or desires. 

(9): The term "reasonable accomodation" may include-

(B): job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accomodations for individuals with disabilities.

Section 102.  Discrimination

(a) General Rule.- No covered entity shall discriminate against an individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

(b) As used in subsection (a), the term "discriminate" includes-

(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;

(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this title (such relationship includes a relationship with an employment or referral agency,.....or an organization providing training and apprenticeship programs);

(5)(A) not making reasonable accomodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accomodation would impose an undue hardship on the operation of the business of such covered entity; or

(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accomodation to the physical or mental impairments of the employee or applicant.

I am a law graduate, but do not yet have a license. I hope this helps somewhat.

Best regards,

L. M. Carlone



----- Original Message -----
From: RJ Sandefur 
Date: Saturday, September 1, 2007 10:18 pm
Subject: [blindlaw] Blind Casa's/Guardian ad litem's
To: NFBnet Blind Law Mailing List 

> Dear List, Do you know of any one who is blind, and who is a 
> Casa Volunteer, or who is a Volunteer Guardian ad litem? When I 
> approached my Local Guardian ad litem program, I was told that 
> It was impossible for me to be a Valenteer Guardian ad litem, 
> because one must be able to see, in order to perform the duties, 
> of the guardian ad litem. Vallenteer. However, I find this 
> questionable, because here is what I found on their website. 
> "Application Process
> 
> Requirements
> 
> Guardian ad Litem
> 
> List of 1 items
> 
> Be at least 19 years old.
> 
> list end
> 
> List of 1 items
> 
> Complete and submit an
> 
> application
> 
> and photo identification to the program in your area.
> 
> Locate your local program.
> 
> List of 1 items
> 
> Sign a release for the Florida Department of Law Enforcement's 
> Florida Criminal History Check, which is required by statute. 
> (Individuals with a criminal
> 
> record of a felony, a judicial finding of guilt for a crime 
> against a person, or history of abuse or neglect of a child or 
> adult are ineligible for the
> 
> program).
> 
> list end
> 
> List of 1 items
> 
> Provide two written character references.
> 
> list end
> 
> List of 1 items
> 
> Interview with local program director.
> 
> list end
> 
> List of 1 items
> 
> Successfully complete 30 hours of training, including classroom 
> lecture and courtroom observation.
> 
> list end
> 
> List of 1 items
> 
> Sign the
> 
> Code of Conduct.
> 
> list end
> " And here is what it says concerning persons with disabilities, 
> Application Process
> 
> Requirements
> 
> Guardian ad Litem
> 
> List of 1 items
> 
> Be at least 19 years old.
> 
> list end
> 
> List of 1 items
> 
> Complete and submit an
> 
> application
> 
> and photo identification to the program in your area.
> 
> Locate your local program.
> 
> List of 1 items
> 
> Sign a release for the Florida Department of Law Enforcement's 
> Florida Criminal History Check, which is required by statute. 
> (Individuals with a criminal
> 
> record of a felony, a judicial finding of guilt for a crime 
> against a person, or history of abuse or neglect of a child or 
> adult are ineligible for the
> 
> program).
> 
> list end
> 
> List of 1 items
> 
> Provide two written character references.
> 
> list end
> 
> List of 1 items
> 
> Interview with local program director.
> 
> list end
> 
> List of 1 items
> 
> Successfully complete 30 hours of training, including classroom 
> lecture and courtroom observation.
> 
> list end
> 
> List of 1 items
> 
> Sign the
> 
> Code of Conduct.
> 
> list end
> 
> ATTENTION: PERSONS WITH DISABILITIES. In accordance with the 
> Americans With Disabilities Act, persons 
> with disabilities needing specials accommodations to participate 
> in this function should contact the GUARDIAN AD 
> 
> ATTENTION: PERSONS WITH DISABILITIES. In accordance with the 
> Americans With Disabilities Act, persons with disabilities 
> needing specials accommodations to participate in this function 
> should contact the GUARDIAN AD LITEM PROGRAM, no later than five 
> (5) days prior to the in-service or training. Thank you.
> Is this Discrimination? I would like you're thoughts concerning 
> this. Sencerly, RJ
> 
-------------- next part --------------
Dear Mr. Sandefur,
 
This is an excerpt from the ADA's text ( http://www.dol.gov/esa/regs/statutes/ofccp/ada.htm http://www.dol.gov/esa/regs/statutes/ofccp/ada.htm
):
 
Title I: Employment
 
Section 101. Definitions
 
(5)(A): The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees,......and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees,....and any agent of such person.
 
(B): The term "employer" does not include-
 
(i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or
 
(ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501 (c) of the Internal Revenue Code of 1986.
 
(8): The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accomodation, can perform the essential functions of the employment position that such individual holds or desires.
 
(9): The term "reasonable accomodation" may include-
 
(B): job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accomodations for individuals with disabilities.
 
Section 102.  Discrimination
 
(a) General Rule.- No covered entity shall discriminate against an individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
 
(b) As used in subsection (a), the term "discriminate" includes-
 
(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;
 
(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this title (such relationship includes a relationship with an employment or referral agency,.....or an organization providing training and apprenticeship programs);
 
(5)(A) not making reasonable accomodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accomodation would impose an undue hardship on the operation of the business of such covered entity; or
 
(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accomodation to the physical or mental impairments of the employee or applicant.
 
I am a law graduate, but do not yet have a license. I hope this helps somewhat.
 
Best regards,
 
L. M. Carlone
 
----- Original Message -----
From: RJ Sandefur
Date: Saturday, September 1, 2007 10:18 pm
Subject: [blindlaw] Blind Casa's/Guardian ad litem's
To: NFBnet Blind Law Mailing List
> Dear List, Do you know of any one who is blind, and who is a
> Casa Volunteer, or who is a Volunteer Guardian ad litem? When I
> approached my Local Guardian ad litem program, I was told that
> It was impossible for me to be a Valenteer Guardian ad litem,
> because one must be able to see, in order to perform the duties,
> of the guardian ad litem. Vallenteer. However, I find this
> questionable, because here is what I found on their website.
> "Application Process
>
> Requirements
>
> Guardian ad Litem
>
> List of 1 items
>
> Be at least 19 years old.
>
> list end
>
> List of 1 items
>
> Complete and submit an
>
> application
>
> and photo identification to the program in your area.
>
> Locate your local program.
>
> List of 1 items
>
> Sign a release for the Florida Department of Law Enforcement's
> Florida Criminal History Check, which is required by statute.
> (Individuals with a criminal
>
> record of a felony, a judicial finding of guilt for a crime
> against a person, or history of abuse or neglect of a child or
> adult are ineligible for the
>
> program).
>
> list end
>
> List of 1 items
>
> Provide two written character references.
>
> list end
>
> List of 1 items
>
> Interview with local program director.
>
> list end
>
> List of 1 items
>
> Successfully complete 30 hours of training, including classroom
> lecture and courtroom observation.
>
> list end
>
> List of 1 items
>
> Sign the
>
> Code of Conduct.
>
> list end
> " And here is what it says concerning persons with disabilities,
> Application Process
>
> Requirements
>
> Guardian ad Litem
>
> List of 1 items
>
> Be at least 19 years old.
>
> list end
>
> List of 1 items
>
> Complete and submit an
>
> application
>
> and photo identification to the program in your area.
>
> Locate your local program.
>
> List of 1 items
>
> Sign a release for the Florida Department of Law Enforcement's
> Florida Criminal History Check, which is required by statute.
> (Individuals with a criminal
>
> record of a felony, a judicial finding of guilt for a crime
> against a person, or history of abuse or neglect of a child or
> adult are ineligible for the
>
> program).
>
> list end
>
> List of 1 items
>
> Provide two written character references.
>
> list end
>
> List of 1 items
>
> Interview with local program director.
>
> list end
>
> List of 1 items
>
> Successfully complete 30 hours of training, including classroom
> lecture and courtroom observation.
>
> list end
>
> List of 1 items
>
> Sign the
>
> Code of Conduct.
>
> list end
>
> ATTENTION: PERSONS WITH DISABILITIES. In accordance with the
> Americans With Disabilities Act, persons
> with disabilities needing specials accommodations to participate
> in this function should contact the GUARDIAN AD
>
> ATTENTION: PERSONS WITH DISABILITIES. In accordance with the
> Americans With Disabilities Act, persons with disabilities
> needing specials accommodations to participate in this function
> should contact the GUARDIAN AD LITEM PROGRAM, no later than five
> (5) days prior to the in-service or training. Thank you.
> Is this Discrimination? I would like you're thoughts concerning
> this. Sencerly, RJ
>