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* EASI: Equal Access to Software & Information
Date:
Wed, 9 Jan 2002 19:51:28 -0500
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Ramon,

As a person with a learning disability who does have a true
disability, I am scared too death about this decision.   So
are many folks in the LD Community.

Does that mean because we are can brush our teeth and bath
ourselves, we don't need accommodations at work?  Of course
not, but that's how the decision could be interpreted.

I am hoping that people in power will come to their senses
and realize that learning is a major life impediment and
therefore should be protected under the ADA according to the
standards set yesterday.  But if there are inferences that
someone with severe carpal tunnel syndrome is not limited in
household activities when I know from personal experience
that the mild form of this disorder can be limiting in
certain household tasks, why should I feel optimistic that
LD will be considered favorably?

The positive way of looking at this and I am using that term
quite loosely is that in a sense, nothing has changed
because prior to yesterday's Supreme Court Decision,
employers were winning about 90% of the ADA cases.  The
companies that are committed to employees with disabilities
will continue to be and the ones that have never had a
favorable attitude towards people with disabilities will
continue to not change their stripes.

But I have to be honest and say that my own attempt at
positive self talk is not working.  Hopefully, it will help
someone else:))

Regarding accommodations, I think the job accomodation
network's website said it's a myth that they are expensive.
Since I don't remember the figure and don't want to provide
inaccurate information, you might want to visit their
website which I don't have a link for.  See what this ruling
has done to me:))?

I know from personal experience that accommodations aren't
as much an issue of economics as we have done it this way
for a million years and we're not changing just because you
have a disability.   No, I have not been nasty when I have
made specific requests as I try to be as diplomatic as
possible.   One time I got so frustrated, I said to a
sympathetic department manager " that you would think I was
asking for $20, 000 worth of accommodations when what I was
asking for cost $0."

Anyway, that's just my opinion for what it is worth.

Vivian


-----Original Message-----
From: * EASI: Equal Access to Software & Information
[mailto:[log in to unmask]]On Behalf Of Ramon
Castillo
Sent: Wednesday, January 09, 2002 6:52 PM
To: [log in to unmask]
Subject: Re: Supreme Court Decision


Hi Ross,

Sorry this news made you sick.

The Supreme Court didn't shoot down the law, they just
UNANIMOUSLY clarified
it.  The Supreme Court doesn't make laws, they just try to
interpret them to
the best of their ability.  This law was designed to help
those of "us" who
are "truly" disabled.  Those with disabilities limited to
specific job
function can get retrained and receive assistance through
workers'
compensation in the meantime.

Also, you shouldn't underestimate economics.  If not for
profits, companies
would not be able to stay in business and hire anyone, much
less spend money
on accommodations.

Please don't be sick.  But since it bothered you so much, be
thankful you
live in Canada.


--
Ramon Castillo




-----Original Message-----
From: Ross Eadie [mailto:[log in to unmask]]
Sent: Wednesday, January 09, 2002 3:01 PM
To: [log in to unmask]
Subject: Re: Supreme Court Decision


Hi,

I posted this message a while ago, but I found it was not
sent in reply to
the list - just to the sender of the original message.  As
for the
decision's affect on other vocations and education, I fear
the decision
will set it all backward.  And to think we in Canada
constantly raved that
we needed an ADA.  Anyway the message I originally sent
follows:
I was so very angry today.  Being so upset made me feel
sick.  I was
listening to prairie public telvision (PBS) news this
evening, and I was
totally disgusted with a guy who thought this Supreme Court
decision was
good and just.  As a Canadian, I was aghast at the general
disregard for
disability by employers in the U.S.A..  Has it come to that:
economics
takes presidence over one's health and welbeing?  I should
say Canada can
be just as bad, but I will take the Charter of Rights and
Freedoms over the
ADA.  This woman with the work injury and disability should
be applauded
for not giving up and continueing to try and work instead of
taking a
worker's compensation claim.  Not that worker's compensation
should not be
given to her anyway for her loyalty to the company she works
for.  Toyota's
compensation premiums would go up in this country for having
a lot of
people getting injured and going on worker's compensation.
This woman
should be treated like a queen for not putting the economic
pressure on
Toyota.  On CBC Radio I heard someone say that a country's
society could be
judged by how it treats its citizens with disabilities.  If
this measure is
applied, I am afraid the ratings are low in both countries
if a business's
economics or profit takes presidence over people.
Ross Eadie
Voice:  (204) 339-5287

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