Thanks for the advice - ADA and internships

January 3, 2007

Hi Gretchen,

Thank you enormously for your thoughtful and helpful response. This is a battle

right now and support from reading this list and from family and friends is

powerful.

I am saving your email because I may need to read it again. I will definitely

have to re-read it if the school decides that one more year is the only

solution. I want to make the most of the situation

and the idea of taking other courses and having time to do artwork is appealing.

However, I am not at that level yet.

I think it would be easier to accept that healthy perspective if it was of my

own choosing, but I feel cornered into another year of school and this feels

disempowering. Now is the time to fight for

choice - the future (very soon) may require acceptance and creativity - and

growth.

This experience is teaching me many things:

1. Many agencies are not fully aware of our rights under the ADA. The SF

mayors office on disability informed me that my situation was not clearly

covered under the ADA because of the internship status. They wanted to handle

the situation with CPS directly. They encouraged me to not waste my time with

the EEOC and/or a lawyer. The student disabilities office at my college said

pretty much the same thing CPS did not have to make an accomodation and could

terminate my placement at will. If I hadn't already met with the

EEOC federal investigation officer I would have been discouraged from knowing

and seeking my rights. Because of the actions that the school and CPS have taken

and the things that I was told, my termination from CPS is considered

retaliatory.

Had they not fought accomodations and made threats surrounding my placement and

grant money they could have terminated me. If I received bad performance

reviews- showed up late to work - acted

innapropriately etc. they would have cause. But the reviews were all positive.

The EEOC seems to know the ADA and employment law beter than any lawyer or

agency that I have spoken with.

2. Document everything - even if your hands are numb or in pain.

3. Lawyers are specialized. An employment lawyer may understand law surrounding

private companies but not public agencies or schools. They may not understand

the ADA at all. Much of the search is matter of finding out what kind of lawyer

is needed.

4. Don't take the battle home - save the agression for finding a lawyer and

standing your ground.

I will take my case to the Dean and will contact the ADA.

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