from TASC/NAPAS 2003-04 Annual Report

Stable and Secure Employment

The majority of Americans, both with and without disabilities, want to work.   But, many workers with disabilities are threatened with job loss and instability, not because of a changing economy or a lack of skills, but because their employers have  underestimated their abilities or failed to provide them with the accommodations they need to be productive workers.  Below are some examples of how P&As have helped people with disabilities continue to be productive members of the American workforce:

 The Arizona P&A successfully represented a teacher's aide with a physical disability before the Ninth Circuit Court of Appeals.  Her school district employer wanted her to attach a flag and flagpole to her wheelchair to make her more visible in the computer classroom where she worked.  When she refused, she was fired. The school district claimed that it had immunity from suit because it was an "arm of the state."  The Ninth Circuit disagreed, holding that school districts were not immune from suit in federal court for monetary damages.  The decision applies to all 219 Arizona school districts, which employ over 190,000 workers.  As a result, school employees in Arizona can challenge violations of the Americans with Disabilities Act and keep their jobs.

 In FY 2002-03, the California P&A handled more than 147 employment cases on behalf of workers with disabilities who wanted to get and keep their jobs.   In one case, a school employee with diabetes had two diabetic episodes while at work and was hospitalized.  When he returned to work, his supervisor ignored his requests for accommodations, began making discriminatory remarks about him, cut back his full-time and failed to offer him the part-time replacement job.  Because of the P&A, the harassment stopped and he was placed in the part-time position he wanted.  In another case, an employee with a visual impairment who had been working for seven years, received a notice from the Social Security Administration that SSA had overpaid him $8,000 in benefits.  Because of the P&A's efforts, the overpayment was taken off his record and he continued working.

 The Colorado P&A is litigating an important case on behalf of a blood bank worker who is living with HIV.  He was hired to draw blood, but as soon as his employer discovered that he was living with HIV/AIDS, he was immediately reassigned to a shipping position.  Even though medical evidence shows that he presents no danger to blood donors, his employer has refused to give him a phlebotomist position. The results of this lawsuit will broadly impact health care workers who are living with HIV, AIDS or other infectious diseases and their ability to protect private medical information that does not affect their ability to safely perform medical procedures.

 The Hawaii P&A negotiated a win-win solution for an employer and an employee with a mental illness.  After the employee was discharged from the hospital, he realized that he could not return to his former position.  The P&A worked with the employer and the insurance carrier to get a full health benefit package for the employee and his family, workers' compensation, a recommendation from the employer that the employee was an "employee in good standing," and assistance from the state vocational rehabilitation agency for new employment training.  The worker is currently employed as a truck driver with another company. 

 The Illinois P&A handles many employment discrimination cases for workers with disabilities.  One of the most interesting cases involved a man with a visual impairment who worked at Home Depot, which has more than 1,500 stores in North America.  For several years, the employee requested computer software to assist him in entering information on the computer, but to no avail.  He also applied for promotions, but was denied.  After filing suit in federal court, the employee and Home Dept entered into a settlement agreement that was satisfactory to the employee.  The suit also alerted Home Depot to the need to handle its accommodation request process better.

 The Iowa P&A helped a woman stay employed after she got notice from the Social Security Administration that she had a large overpayment due to work activity.  The P&A referred her to a benefits planner who assisted her in including impairment related work expenses and subsidies to calculate her benefits.  Before she received this assistance, she was planning on quitting her job.  Because of the assistance, she has stayed on her job and is considering using employment networks to assist her in getting a better-paying job.  Her ultimate goal is to find employment that will let her get off social security benefits.  

 The Maine P&A represented a nurse with bipolar disorder in a licensing hearing.  The licensing board found no basis for taking action against the nurse's license.   As a result, she is able to continue working as a registered nurse.

 The Massachusetts P&A has kept individuals with disabilities working by filing discrimination complaints after negotiations have failed.  For example, a department store cashier, who had a visual impairment and who used a wheelchaiar, could not read the shift schedule because it was in small print and posted too high for him to read.  He relied on co-workers to read it for him.  One day, he showed up for a shift late because his co-worker had misread the schedule. His supervisor fired him.  When he tried to explain, the supervisor refused to change his decision.  After the P&A filed a discrimination complaint with the Equal Employment Opportunity Commission, the store quickly moved to resolve the matter, agreeing to reinstate the worker, pay him two months in back pay and give him his own large print schedule every week.

 The Michigan P&A stopped a fast food restaurant from reducing the hours of a person with a learning disability.  The P&A also assisted another client with a learning disability who worked in a casino to get reasonable accommodations and keep her job.

 The Nebraska P&A handled several employment discrimination cases in 2003.  When settlements failed, the P&A sued employers and got monetary settlements on behalf of the employees.  For example, a 48- year old woman with mental illness was able to settle her case after the P&A filed discrimination charges on her behalf.

 The Nevada P&A helped a woman with a developmental disability have sufficient income to continue living independently in the community.  She was working for a fast food employer.  A new supervisor wanted to reduce her hours and add new job duties.  The P&A complained on her behalf to the employer's human resources department.  The result of the P&As advocacy was that she got guaranteed hours and permission to use a job coach so that she could learn her new duties and stay on the job.

 The North Carolina P&A represented a woman with a bipolar disorder who had used up her approved leave time.  With the assistance of the P&A, the worker got an extension of her leave and was able to remain employed.

 The North Dakota P&A helped a woman with a visual impairment keep her secretarial job.  Because of new regulations and technological changes in her workplace, she was fearful that she could no longer do her job.  With the help of the P&A, she convinced her employer to restructure her job and get the assisitive technology she needed.  She is handling her new job duties well.

 The Ohio P&A has worked hard to get employers to accommodate individuals with disabilities so that they can keep working.  For example, the P&A got a trucking company to install an orbital gear box on a fork lift so that a worker with spine and joint problems could continue to do his job.