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

Mon Sep 3 09:05:21 CDT 2007

Dear Mr. Sandefur,

The program must make reasonable accomodations for you (such as attending court appearances with a sighted student, providing a reader). They cannot deny your application on the basis of your disability as long as you meet the requirements.

For what this is worth (again, I am only a law school graduate, not licensed), I hope this helps.

Lisa M. Carlone

----- Original Message -----
From: RJ Sandefur 
Date: Sunday, September 2, 2007 9:47 pm
Subject: Re: [blindlaw] Blind Casa's/Guardian ad litem's
To: NFBnet Blind Law Mailing List 

> How does this Law, apply to this particular situation? Please 
> explaine. RJ
> ----- Original Message ----- 
> From: 
> To: "NFBnet Blind Law Mailing List" 
> Sent: Sunday, September 02, 2007 6:03 PM
> Subject: Re: [blindlaw] Blind Casa's/Guardian ad litem's
> 
> 
> > 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
> >>
> >
> 
> 
> -----------------------------------------------------------------
> ---------------
> 
> 
> > _______________________________________________
> > blindlaw mailing list
> > blindlaw at nfbnet.org
> > http://www.nfbnet.org/mailman/listinfo/blindlaw
> > 
> 
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw
> 
-------------- next part --------------
Dear Mr. Sandefur,

The program must make reasonable accomodations for you (such as attending court appearances with a sighted student, providing a reader). They cannot deny your application on the basis of your disability as long as you meet the requirements.

For what this is worth (again, I am only a law school graduate, not licensed), I hope this helps.

Lisa M. Carlone
----- Original Message -----
From: RJ Sandefur
Date: Sunday, September 2, 2007 9:47 pm
Subject: Re: [blindlaw] Blind Casa's/Guardian ad litem's
To: NFBnet Blind Law Mailing List
> How does this Law, apply to this particular situation? Please
> explaine. RJ
> ----- Original Message -----
> From:
> To: "NFBnet Blind Law Mailing List"
> Sent: Sunday, September 02, 2007 6:03 PM
> Subject: Re: [blindlaw] Blind Casa's/Guardian ad litem's
>
>
> > 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
> >>
> >
>
>
> -----------------------------------------------------------------
> ---------------
>
>
> > _______________________________________________
> > blindlaw mailing list
> > blindlaw at nfbnet.org
> > http://www.nfbnet.org/mailman/listinfo/blindlaw
> >
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw
>