                         J.O.B. EMPLOYER'S BULLETIN / 1992 

Dear Employer:

     As of July 26, 1992, the Americans with Disabilities Act (ADA) requires, among
other things, that companies ("covered entities") with 25 or more employees prevent
discrimination against "a qualified individual with a disability" who is "otherwise
qualified" by actively providing one or more kinds of "reasonable accommodation"
unless "the accommodation would impose an undue hardship" on the company.   

     From the point of view of most employers, the important points are covered in
two basic questions: "What constitutes reasonable accommodation?  How can I be fair
to my company and to the otherwise qualified individual?"

     Our program can help.  Job Opportunities for the Blind (JOB) is a joint project
of the U.S. Department of Labor and the National Federation of the Blind (NFB).  We
offer free consultation to persons who are legally blind and to employers on any
question concerning employment and blindness.  In many instances we can answer
questions over the phone; other times we can put your company in touch with JOB
volunteers in your community who can assist with local solutions.  

     In addition to our work-oriented program we have access to the services of a
sister program, the Information Access Project for Blind Individuals (IAP), (a joint
project of the National Federation of the Blind and the U.S. Department of Justice),
which offers to covered entities free consultation in meeting the ADA's information
access requirements.  (Write to the IAP at the NFB headquarter's address above, or
call: (410) 659-9314.)

     Founded in 1940 and presently having some 50,000 members, the National
Federation of the Blind is the oldest and largest consumer group of blind Americans
in the country.  In our 50 years we have built a national reputation for solving
problems and for championing fair play for blind Americans when questions of
legislation or law arise.  Here are our thoughts on what constitutes "reasonable
accommodation" and "undue hardship" in two specific instances.


                              CALL J.O.B.: 800-638-7518

     Consider a totally blind woman who is employed as a reporter on a city
newspaper.  She has built a solid record of achievement equal to her co-workers while
working at a job which is print intensive, people intensive, and travel intensive. 
Many employers would automatically assume a blind person could not do what she has
been doing for over 10 years.  Please note that she is a real person.  We will call
her "Miss Example" to provide some privacy; however, she has offered to speak
directly to any employer who has further questions.  (Call JOB should you wish an
introduction.)  

     Remember, too, that we have purposely chosen someone who uses many techniques,
including a variety of technological aids for increased flexibility in an intensive
job, but that other persons who are legally blind doing the same job would likely
have some differences in the tools and techniques used.

The Blind Reporter
     Miss Example works in the features department and is out of the office
approximately 40 percent of the time.  When research-ing her regular travel features,
she travels to the site with the photographer assigned to the story, or with a driver
she has hired and trained to describe passing scenery.  (She uses the mileage allowance
given to all reporters by the employer to pay her driver.)
     To compose her articles while in the car or at the site, she uses a Braille 'n
Speak. (It works like a laptop computer but has Braille input keys/voice output.  1992/about
$1,000/some variations available.)   For some notes, she uses 3 x 5 cards with a Postcard
Slate and stylus. (Looking like two thick plastic postcards hinged together and a stubby pencil,
these pocket tools are used to write Braille.  1992/$2.50.)  Either device is handy for saving
direct quotes in interviews or she may use a small cassette recorder and cassette
tapes (standard office equipment) as her sighted co-workers do.  
     In the office, attaching the Braille laptop to a printer (standard office
equipment), she can turn out a print document.  More often in the office, she'll use
an IBM PC clone which is linked to the office system and accessed by her speech
synthesizer and software.  (Provides voice output. 1992/about $800-$900/many variations
possible.)  
     Until recent years, for background research and for scouting material for story
ideas, such as calendars of upcoming events, she used readers only.  (Persons hired to
read print aloud at the direction of a blind person. Some were volunteers and some were paid.  Miss
Example found and trained all her readers.)  
     Occasionally, a short piece of reading material (such as print phone messages
left on her desk) will be read as a favor by co-workers.  This informal part of the
system works well since Miss Example is very cooperative in offering help to her
sighted co-workers when they need it.  It is no more significant than it would be for
a short worker to occasionally ask a taller co-worker to reach and pull files
overhead; or to ask a co-worker who understands the whims of WordPerfect how to
change fonts.  
     In recent years, Miss Example has used a modem on her voice-equipped office
computer to access news from local, state, national, and international wire services. 
(She bought it. 1992/with software about $100.)
                          J.O.B. EMPLOYER'S BULLETIN / 1992

     She estimates she currently saves about ninety percent of 
the time and money she previously budgeted for readers by using an Arkenstone Reader.
(Scans print/reads it aloud.  1992/New reading machines range from $4,000-$12,000.  She found a good,
used model for $2,200.) 
Who Bought the Tools Before the ADA?
     Miss Example decided she wanted to buy her own tools. Machines she used when she
first began the job (and had very little money) were bought at her request by her
state vocational rehabilitation agency to assist her in becoming "job ready."  Later,
she wanted to upgrade her equipment, so she bought her own. 
     Times have changed.  Miss Example has proven her worth to her employer.  The
company is glad to have her and they don't want to lose her.  In six weeks, her paper
is installing a new office network of "386" computers.  Along with a duplicate of the
PCs being purchased for all the reporters, the employer will purchase a compatible
voice output device for Miss Example.  Her employer asked for and accepted her advice
on which output device will help her most.  (Many variations possible/1992 hardware from
$280-$1,200; software from $75-$500.)

After the ADA is Implemented
     Once the ADA takes effect, Miss Example might reasonably ask her employer to
reimburse some or all of her expenses for reader service.  If repairs become
necessary for any of her machines, including the Arkenstone, we believe the employer
might reasonably be expected to cover such repairs as it would cover repairs to other
necessary office machines for any experienced reporter.  
     On the other hand, if Miss Example were just out of college with her journalism
degree and her early experience on the university paper, she might reasonably ask her
new employer to reimburse some or all of her reader service, plus cover the cost of
the speech synthesizer with software that provides her with access to the office
computer system.  These tools are basic to her having a chance to compete equally
with her sighted co-workers.  Perhaps, she might reasonably request the modem (which
would save the employer much of the expense for reader time). 
     The employer might reasonably request that the employee ask the state vocational
rehabilitation agency to purchase some or all of these accommodations for the new
employee.  

Complications
     Some state vocational agencies will fund some employment accommodations. 
However, many state agencies have administrative requirements that prevent them from
purchasing equipment for state residents who are already employed, and unfortunately,
many state agencies are so bureaucratic--and slow--that many competent blind adults
who are not yet employed cannot wade through the state agency requirements in time to
be eligible for a job opening before it is filled.  Such individuals pray that the
provisions of the ADA will slice through such obstructions.  
     Since Miss Example (through her journalism degree) would have proven her ability
to "perform the essential functions" of the job [Title I, Sec. 101: DEFINITIONS.
(8)], the employer would be under obligation to provide some accommodations (Title I,
Sec. 102: DISCRIMINATION.).  By the provisions of the ADA, we believe employers may
not rely solely on the existence of state 
bureaucracies to help legally blind citizens acquire reasonable accommodations. 
Employers are permitted to consider the cost of accommodations [Title I, Sec. 101,
(10): UNDUE HARDSHIP.].

The Switchboard Operator with a Visual Impairment
     Our second example is again a real person who offers to talk with employers who
have further questions.  "Ms. Sample" has worked for many years on a large hospital
switchboard, covering shifts at all different times of the day and night.  Although
she is legally blind, she has enough sight to enable her to use print most of the
time by bringing print material very close to her face.  She supplements this with
voice output devices and alternative techniques for blind persons.
     When taking a message for a sighted staff member, she types the message on a
sheet of paper from a standard pre-lined message pad.  Occasionally, she will print
the message, using a black felt tip pen (all standard company equipment) so that she can
more easily see it.
     When her supervisor gives written memos to the switchboard operators, or when
directives are posted on the staff bulletin board, Ms. Sample has permission to ask
her co-workers to read them to her when they are not busy.  She tapes the material on
a small cassette recorder. (She bought it. 1992/about $20 plus about $2 for 3 tapes.  Much
variation possible.)
     Occasionally, Ms. Sample will take print copies of memos home, especially if
long or complicated, and have readers she has found and trained tape the material for
her. (Volunteers or she pays them by the hour.)  She has served on several employer-employee
committees and uses her readers to access their paperwork, too.
     Some blind operators use a light probe for a multiline switchboard, but Ms.
Sample does not.  (Shaped like a short fat pencil, it beeps when pointed at the lightbulb for the
ringing call.  1992/ about $100, plus $2.50 for an earloop (earphone)/Uses regular batteries or
electricity/Repairs by an electrician are occasionally needed.  This purchase would be a reasonable
accommodation if needed by a legally blind operator.)  

In Conclusion
     How much equipment?  Which model?  Repairs?  How much reader service?  What
changes in procedure are reasonable?  These are samples of the worrisome GRAY AREA of
the ADA.  We can help.  For those employers who want cost comparisons and suggestions
for "reasonable accommodations," we offer our 50 years of expertise in accommodations
for persons who are legally blind along with our knowledge of adaptive technology
currently available.  

*  Our interest is in helping individuals with the disability of      blindness find
and keep full-time jobs in a competent,             competitive manner.  

*  We can help you find solutions as you build a record of fair       treatment of
job applicants/employees who are legally blind.  

*  We believe that cooperation will do much to increase the job       chances of
blind Americans and will assist business in the         process.
                   JOB OPPORTUNITIES FOR THE BLIND / 800-638-7518
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