RE : Re: accomodations

[Guest guest]

The ADA sounds great in theory, but in actuality, it gives the lowest protection

for a couple of reasons.

First, the standard of review that the Court looks at is the lowest, below race

,alienage, national origin, sex, illegitimacy which are upper level reviews and

require the STATE to defend their action. In other words the burden of proof is

on the STATE to show that they did NOT discriminate.

Then you get to ALL other categories, like handicap, mentally challenged, etc,

and the PLAINTIFF or sick person has to PROVE that the DEFENDANT acted

illegally.

It does seem like an outrage, but that is one of the biggest reasons that cases

get denied. This is except in the case of disability, there is a fundamental

right like voting that gets denied. Then, because VOTING is a fundamental

right, you get some action. It can be VERY confusing, because all the standards

of review and the burdens of proof change with the issue presented, whether the

class is a " protected " class and the gravity of the violation.

I waited for two and a half years to get an " accommodation " in my school. They

" moved " me - but they did not " accommodate " my needs for a south-facing,

therefore (low humidity classroom.) It took until I got to the arbitration

table - from 1999 to 2001 and a ton of doctors letters. Until the standards of

review include handicapped or physically challenged persons alongside racial

discrimination, the burden stays with the Plaintiff, unless some " fundamental "

right like voting is violated.

The ADA is given so much airplay but in reality, it is slow moving.

***not legal advice*** ©

Haley <myhaze@...> a écrit : Thanks, Val, I

just sent a note to my Congressman and both senators.

I appreciate your efforts.

~Haley

madeskv <madeskv@...> wrote:

Hi everyone,

I would like to let everyone know they are in my thoughts and prayers,

especially Sharon C and Vicki right now. I hope that everyone will be

doing better soon.

I also wanted to let the group know that I have finally received my

reasonable accomodations from my employer. I have been transferred to a

different department where I will not have to work in the sickest

building. For the new members of the group, I had to wear an N95 mask

while in the building in order to keep somewhat safe.

I just finished a course where I wrote a research paper on the Americans

with Disabilities Act. What I found was very disturbing. 90% of the

requests for accomodations are denied. There have also been studies that

show that the average accomodation costs just $500. I am glad I didn't

know the first statistic prior to asking for mine.

There is currently an effort to have the Act restored to what was

originally intended by Congress - before the Supreme Court made

decisions that have supported businesses over the disabled. Please (if

you are able) contact your representaives and ask them to support this

effort. Info is below-

* THE ADA (Americans with Disabilities) RESTORATION ACT (HR 3195, S

1881) would reverse recent Supreme Court decisions, such as the one

which ruled that people who use medication to manage their condition are

no longer protected by the law.

Val