ABLEnews
                        CEOs Meet ADA

As the Americans With Disabilities Act, the most far-reaching civil
rights law since the 60's takes effect, corporate America is making the
adjustments that accompany any new relationship.

        In Atlanta, Georgia, a blackjack table has been altered by the
        owners of the Trump Castle casino to accomodate a dealer who
        uses a wheelchair.

        In Bethesda, Maryland, at the headquarters of the Marriott
        Corporation, interpreters now enable hearing-impaired employees
        to understand what is being said at staff meetings.

        In New York City, Continental Insurance has installed an
        enlarging device to a computer to allow a clerical worker with
        poor vision to see her keyboard more clearly.

        In Pentagon City, Maryland, a blind manager of a Nordstrom's
        store has a scanner attached to his computer that translates
        print text documents into Braille.

The ADA and the changes it brings are not without their corporate
critics. "This is the most damaging bill to business in a long time,"
charges Wendy Lechner, of the National Federation of Independent
Business.  "So much about the law is vague that business owners won't
know until they've been sued whether they are in compliance."

"Less than a week from now I'm supposed to be in compliance with the
law, but I can't get anyone to mail me information on it," Frank Meeks.
owner of 44 DC-area Domino's Pizza franchises complained.  The ADA went
into effect July 26.

The law requires that employers make "reasonable accomodations" to assure
that qualified applicants with physical or mental disabilities are not
discriminated against, unless the employer can demonstrate the such
acommodation would cause "undue hardship" to his business.

Since definitions of "reasonable" and "undue" tend to depend on which
side of the hiring desk you are sitting on, parameters will no doubt be
tested in the courts as has been reported by CURE (see ADATEST.TXT).

For example, as Liz Spayd delineates "reasonable accomodation" in the
Washington Post:

        For a large law firm that could mean providing a reader for a
        lawyer who is blind; for a computer company, it could mean
        widening doorways or adjusting a desk's height to accomodate a
        systems analyst in a wheelchair.

"Companies have a hard time accepting that they have to pay for the
hearing amplification device or adjust the work schedules of people to
accomodate a person who goes to a physical therapist," says Philadelphia
attorney Paul Tufano, of Bank, Rome, Comiskey and McCauley, who has
advised thousands of corporate clients on the ADA.

The USA Today version of Tufano's counsel?  "You don't have to give them
the Cadillac accomodation, but you'd better do what is reasonable."
[Remember when Ross Perot was chastized by the media for speaking of
"you people"?  But referring to persons with disabilities as "them"
raises no such outcry from the self-appointed media monitors of the public
conscience (or is that simply P.C.?).]

While one company hired a physical therapist to accompany a tugboat
crew to determine how much weight their workers lifted and with which
muscles, most companies are simply sending management to seminars.  A
recent survey of 100 companies conducted by Bank, Rome, et al., found 70
percent had done little beyond educating themselves on the law.

How well they learned their lessons will be found out not only in the workplace
but in a place quite familiar to Tufano--the courtroom.

                        ABLEnews Addenda

        In addition to ADABUS1.TXT and ADATEST.TXT cited above,
        prior CURE files on this topic include ADAHINS.TXT,
        regarding health insurance and ADA, and ADAREGS.TXT,
        which addresses the question of discrimination against
        persons with disabilities sanctioned by ADA.

...For further information, contact CURE, 812 Stephen Street, Berkeley
Springs, West Virginia 254511 (304-258-LIFE/5433).

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 * Origin: ABLEnews...today's news for tomorrow's newsmakers. (1:275/429.4)

