Fwd: [DGV] Digest Number 1022

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Just Ask Joe Questions, email Joe at justaskjoe@...

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Just Ask Joe: Employer Requirements

Dear Jay:

If your employer's business has a small number of employees, he may be

exempt from ADA requirements. I'm not sure about the number of employees

that constitutes compliance with the ADA, but I will look into it further.

I would try the letter from your doctor as a first approach to convince your

employer that you need this chair, before getting any lawyers involved. You

don't want to create any animosities if your problem can be handled through

sincere and honest communication between you and your employer.

As for legal recourse, since I'm not a legal expert I cannot tell you your

specific rights. You could contact a lawyer for a free consultation to find

out.

Best of luck to you.

Thank you for writing Just Ask Joe.

Sincerely,

Joe

----Original Message Follows----

From: " Jay W C "

" Joe Just Ask Joe " <justaskjoe@...>

Subject: Re: employer requirements

Date: Sat, 14 Aug 2004 10:05:57 -0700

Dear Joe,

Thanks for your reply.

I think my employer is very aware that he should make this simple

accomodation according to the ADA. However he won't as long as he can get

away with it . ( ie: me making a complaint )

He would probably fire me if I made such a complaint. If he did , what

recourse would I have ?

As far as proving that a decent chair is needed for my ability to do my job

(without being in pain ) .. I assume the same letter from a doctor(s) to

" encourage " him to do the right thing

would be be what an agency or lawyer would need to make the point.

If the worst case scenario should occur and I have to quit what is the

scenario for action ?

Thank you for your advise....

Jay Combs

----- Original Message -----

From: " Joe Just Ask Joe " <justaskjoe@...>

Sent: Friday, August 13, 2004 3:47 PM

Subject: RE: employer requirements

> Dear Jay:

>

> Have you informed your employer that he must make reasonable

accommodations

> according to the ADA?

>

> Perhaps a letter from your physician stating that such a chair is

necessary

> for you to continue to do your current job would convince him?

>

> I really don't understand why an ergonomic chair would be " a liability. "

>

> The only way this would work if you were to take this to litigation is

for

> you to prove that this chair is necessary because of your disability for

you

> to continue your job. Is there any way you can prove this?

>

> Thank you for writing Just Ask Joe.

>

> Sincerely,

> Joe

>

> ----Original Message Follows----

> From: " Jay W C "

> <justaskjoe@...>

> Subject: employer requirements

> Date: Mon, 19 Jul 2004 16:22:47 -0700

>

> Dear Joe...

>

> I recently took a part time job as a night auditor at a local hotel ....

I

> am disabled mostly because a neck fracture about 14 years ago.

> I asked the owner and the manger for an ergonimicaly correct chair at the

> office.

> (all they have now is broken down old chairs scavanged from the hotel

rooms

> )

> The owner refuses to obtain such a typical office chair saying they are a

> " liability " huh ??

> please advise what I might be able to do to " convince " him he needs to

> make a reasonable accomdation ?

> Thanks

> Jay

> Eureka CA

>

> This electronic-mail message contains confidential information intended

only

> for the use of the individual or entity named. If the reader of this

> message is not the intended recipient, the reader is hereby notified that

> any dissemination, distribution, copying or other use of this message is

> strictly prohibited and is hereby instructed to delete or destroy this

copy

> of this message.

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The Author's views reflect only their opinion and do not necessarily reflect

that of The Disability Grapevine.

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Do not copy any of these articles without the author's permission.

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The Disability Grapevine Online Newspaper Archives are at:

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Publisher and Executive Editor: Cannaday

Managing Editor: Marijo Cannaday

Advice Columnist: Just Ask Joe: ph Lovecchio

Special Columnist: Rev. Rus -Dowda

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To send Letter to the Editor, Classifieds, articles, or Just Ask Joe

Requests, contact us at DGEditor@...

For more information: http://www.disabilitygrapevine.com

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________________________________________________________________________

Message: 2

Date: Tue, 31 Aug 2004 08:40:01 -0400 (EDT)

From: dgeditor@...

Subject: Letter To The Editor: From JFA " Get Educated about the Presidential

Candidates and Vote! "

The Disability Grapevine Online Newspaper: Issue #37

Tuesday, August 31, 2004

Year 5

****The Number One Daily Newspaper for People with Disabilities****

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Please do not respond to this posting. To send Articles, Letters to the

Editor, or Classifieds, contact us at DGEditor@....

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Letter To The Editor: From JFA " Get Educated about the Presidential

Candidates and Vote! "

What is " our perspective " at the end of the article?

It seems disingenious[sic] to people with disabilities to reduce us all

down to " our perspective. " There is more that either candidate can and

will (hopefully) do for all of us (those with and those without

disabilities) than to throw more money at us to try to buy our vote based

on our disabilities.

What about education, defense, housing, medical care (beyond care for our

disability), transportation, disaster relief, etc & etc.

****************************************************

The Author's views reflect only their opinion and do not necessarily reflect

that of The Disability Grapevine.

****************************************************

Do not copy any of these articles without the author's permission.

****************************************************

The Disability Grapevine Online Newspaper Archives are at:

****************************************************

Publisher and Executive Editor: Cannaday

Managing Editor: Marijo Cannaday

Advice Columnist: Just Ask Joe: ph Lovecchio

Special Columnist: Rev. Rus -Dowda

****************************************************

To send Letter to the Editor, Classifieds, articles, or Just Ask Joe

Requests, contact us at DGEditor@...

For more information: http://www.disabilitygrapevine.com

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________________________________________________________________________

Message: 3

Date: Tue, 31 Aug 2004 08:27:14 -0400 (EDT)

From: dgeditor@...

Subject: Letter To The Editor: Parents for Residential Reform

The Disability Grapevine Online Newspaper: Issue #37

Tuesday, August 31, 2004

Year 5

****The Number One Daily Newspaper for People with Disabilities****

****************************************************

Please do not respond to this posting. To send Articles, Letters to the

Editor, or Classifieds, contact us at DGEditor@....

Just Ask Joe Questions, email Joe at justaskjoe@...

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Letter To The Editor: Parents for Residential Reform

Parents for Residential Reform a project of the Federation for

Children with Special Needs has list serves for all of the states in

the US and territories. We also have a national list serve as

well. It is a great way for parents and others to connect and share

information on Residential Schools, RTC's, Group Homes, Pediatric

Nursing Home Care, Home Based Services, and Hospitals while having a

child in, looking into, or having any experience with any of the

above. The lists also will share state by state information on

licensing, oversight, compliance, and abuse/neglect, as well as new

legislation, and more. Barb from Texas worked so hard setting up

these lists so we can come together as to help each other as peers

and make positive change and Melody our Web Maven put it together so

folks could join easily. . Please also consider not only joining in

your state, but our PFRRAmerica List as well so we can share

information on a national level. To join the list serves it is easy

go to http://www.pfrr.org and at the bottom of the front page the

appropriate link is there. I encourage anyone who is currently on

the list or a list in their state to try to get at least 10 others

to join. This is a perfect time, the beginning of the school year.

Hope your summers were great and safe.

****************************************************

The Author's views reflect only their opinion and do not necessarily reflect

that of The Disability Grapevine.

****************************************************

Do not copy any of these articles without the author's permission.

****************************************************

The Disability Grapevine Online Newspaper Archives are at:

****************************************************

Publisher and Executive Editor: Cannaday

Managing Editor: Marijo Cannaday

Advice Columnist: Just Ask Joe: ph Lovecchio

Special Columnist: Rev. Rus -Dowda

****************************************************

To send Letter to the Editor, Classifieds, articles, or Just Ask Joe

Requests, contact us at DGEditor@...

For more information: http://www.disabilitygrapevine.com

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________________________________________________________________________

Message: 4

Date: Tue, 31 Aug 2004 08:24:50 -0400 (EDT)

From: dgeditor@...

Subject: Freedom Machines on PBS

The Disability Grapevine Online Newspaper: Issue #37

Tuesday, August 31, 2004

Year 5

www.inclusionresearch.org

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Please do not respond to this posting. To send Articles, Letters to the

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Title of Article:

Freedom Machines on PBS

Author:

Submitted By:

Gallo

BPAO/Independent Living Specialist

CCCIL

234 Capitol Street Suite A

Salinas, CA 93901

(831) 757-2968 Ext. 27

(831) 757-3949 (TDD)

www.cccil.org

Written By:

Monday Morning in Washington DC

e-newsletter

the Inclusion Research Institute

Article:

PBS - POV on Assistive Technology - Sept 14

I would like to extend an invitation to you to join us in developing

outreach initiatives around, " Freedom Machines. "

" Freedom Machines " by Stobie and Janet Cole

September 14th, 2004 (check local listings)

" Freedom Machines " takes a new look at disability through the lens of

technology. The experiences of a group of unforgettable people let us

re-examine ideas about ability and disability grounded in our culture and

attitudes. Engineers, designers and users challenge barriers inherent in

our built environments, and reveal the gap between the

promises of the 1990 Americans with Disabilities Act and everyday reality

for 54 million Americans with disabilities. Whether mainstream technology

or extraordinary inventions such as stair-climbing wheelchairs, " Freedom

Machines " reveals both the power and limitations of technology to change

lives. An Independent Television Service (ITVS) copresentation.

For more information on the films (including photos and press releases)

visit http://www.pbs.org/pov/pressroom/index.html

Here's How You Can Participate In This Campaign

Alert your members and colleagues to broadcast date via newsletter

announcements, web site links, e-mail alerts or by distributing flyers

and/or program guides at any upcoming conferences or training sessions.

Host a sneak preview screening and discussion of Freedom Machines Apply

online at

http://www.pbs.org/pov/utils/povengagements.html

Invite your members to use any of P.O.V.'s companion program materials

(i.e., lesson plans, facilitation guides and multi-media resources).

Download materials at http://www.pbs.org/pov/tvschedule.php?page=1

Invite your members to talk back and respond to the film on our Web site

at http://www.pbs.org/pov

Encourage people to call 1-800-688-4768 with their responses to the film.

Their comments may be featured on our web site in Talking Back, P.O.V.'s

signature audience response broadcast opportunity.

If you are interested in participating in one or several of the above

activities, please contact Eliza Licht, Community Engagement Manager at

P.O.V., (212) 989-8121 x316, or by email at elicht@.... If you are a

young person or from a youth organization and are interested in the

program activities contact Irene Villasenor, P.O.V.'s Youth Views

Manager at 212-989-8121 x319 or by email at villasenor@....

P.O.V. (a cinematic term for " point of view " ) is the award-winning PBS

series featuring the best of independent non-fiction point-of-view

filmmaking. Now in its 16th season, the organization has combined

compelling storytelling with innovative community engagement models that

explore the role that independent media can play in public life as a

positive social change agent. Through the Internet, broadcast and

community organizations and public television stations, P.O.V. catalyzes

innovative collaborations with storytellers and viewers to build

awareness, engage audiences and provide a forum for dialogue about issues

of significant social concern.

Eliza Licht, Community Engagement Manager, P.O.V., American Documentary,

Inc., 212-989-8121 x316

www.pbs.org/pov/outreach

I have copied and paste the link below for you:

Flyer on " Freedom Machines " :

http://www.pbs.org/pov/utils/pressroom/2004/freedommachines/psa.pdf

Press Release by PBS:

http://www.pbs.org/pov/utils/pressroom/2004/freedommachines/pressrelease.pdf

Community Engagement Screening Event Partner Applicaiton 2004 (host prior

to release of this film in your community-MUST APPLY ONLINE):

http://www.pov.org/events/event_app03.html

****************************************************

The Author's views reflect only their opinion and do not necessarily reflect

that of The Disability Grapevine.

****************************************************

Do not copy any of these articles without the author's permission.

****************************************************

The Disability Grapevine Online Newspaper Archives are at:

****************************************************

Publisher and Executive Editor: Cannaday

Managing Editor: Marijo Cannaday

Advice Columnist: Just Ask Joe: ph Lovecchio

Special Columnist: Rev. Rus -Dowda

****************************************************

To send Letter to the Editor, Classifieds, articles, or Just Ask Joe

Requests, contact us at DGEditor@...

For more information: http://www.disabilitygrapevine.com

****************************************************

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________________________________________________________________________

Message: 5

Date: Tue, 31 Aug 2004 08:42:24 -0400 (EDT)

From: dgeditor@...

Subject: Discussing M.S. (Multiple Sclerosis) this Sunday on DisABILITY News &

Views Radio - our TALK makes a difference!!

The Disability Grapevine Online Newspaper: Issue #37

Tuesday, August 31, 2004

Year 5

www.disabilitynewsradio.com AND www.poweradvocates.org

****The Number One Daily Newspaper for People with Disabilities****

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Please do not respond to this posting. To send Articles, Letters to the

Editor, or Classifieds, contact us at DGEditor@....

Just Ask Joe Questions, email Joe at justaskjoe@...

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Title of Article:

Discussing M.S. (Multiple Sclerosis) this Sunday on DisABILITY News &

Views Radio - our TALK makes a difference!!

Submitted By:

Check out my website: http://stevens_mom.tripod.com/

Thanks to for this info.

DisABILITY News and Views Radio Show

with

Moshenko

Sundays 5-6 PM on WXRL Radio 1300 AM

Our TALK makes a difference!

Guests: Sunday, September 5 Consiglio, will share her story about

Multiple Sclerosis (MS), including the challenges and the victories she

has experienced using various natural treatments and therapies along with

Dr. Freeman from Dallas, Texas. Dr. Freeman has been practicing

natural healing over 25 years with formulated food supplements.

Call to ask questions " on air " from guests and on also to discuss advocacy

issues from 5-6PM Sunday!

ACCESS PREVIOUS RADIO SHOWS ONLINE

Radio Show Advertising and Information

CALL 716-522-9185

email monica@...

DisABILITY News and Views Radio Show

sponsored by

Future Horizons, Inc.

www. futurehorizons-autism.com

Laureate Learning Systems

ww.laureatefamily.com

Over 54 MILLION people in the U.S. have a disability

OR

ONE in FIVE AMERICANS...someone close to you!

****************************************************

The Author's views reflect only their opinion and do not necessarily reflect

that of The Disability Grapevine.

****************************************************

Do not copy any of these articles without the author's permission.

****************************************************

The Disability Grapevine Online Newspaper Archives are at:

****************************************************

Publisher and Executive Editor: Cannaday

Managing Editor: Marijo Cannaday

Advice Columnist: Just Ask Joe: ph Lovecchio

Special Columnist: Rev. Rus -Dowda

****************************************************

To send Letter to the Editor, Classifieds, articles, or Just Ask Joe

Requests, contact us at DGEditor@...

For more information: http://www.disabilitygrapevine.com

****************************************************