Deri, the present ADA regs state that the accommodation has to be requested
by the disabled employee, so if Ken didn't request such accommodations, then
I don't think he has legal standing under that avenue. Of course I could be
wrong as I'm not a legal expert in disability issues, but that is how it was
presented to me and I work in the private sector.
Kat
--------------------------------------------------
From: "Deri James" <[log in to unmask]>
Sent: Monday, November 26, 2007 8:41 PM
Newsgroups: bit.listserv.c-palsy
To: <[log in to unmask]>
Subject: Re: WELL WE GOT OUR FINAL DECISION
> On Monday 26 November 2007 23:09:07 ken barber wrote:
>> how would i reach DREDF. I'D FEEL better if the next
>> person had a better chance.
>> but hey, i am still super gimp. i can't be hurt
>> becouse i have CP. the government keeps affirming
>> that.
>>
>
> Hi Ken,
>
> Just had a thought, may be bonkers.
>
> If I understand their logic correctly:-
>
> A non-CP person doing the same job as you would not have suffered your
> back
> problems, ergo, the fact you DID suffer a back problem, MUST be due to
> your
> pre-existing CP condition.
>
> I can see how that logic would be attractive to them!!!
>
> However, can't you use that same logic against them?
>
> If job+CP = CP BackProblem then couldn't you argue that because you had CP
> and
> did that particular job then getting a back problem was inevitable and
> should
> have been foreseen by your employer. Who, since it is inevitable, because
> you have CP (according to their logic), would then be obligated to take
> steps
> to ameliorate the condition.
>
> This is the same logic as someone who gets RSI, the employer should change
> the
> ergonomics so that further damage does not occur.
>
> This is a subtle difference from what you argued (that the job caused your
> back problems because you had CP). Rather, the back problems were caused
> by
> your CP, and your employer should have foreseen it and made any necessary
> accomodations to minimise the chance of it happening (switching it from a
> purely health/employment issue, to a disability accomodation issue). For
> example:-
>
> Were you regularly ergonomically assessed, for correct posture/working
> position?
>
> Were you offered the opportunity to do "remote" working from home?
>
> Were you offered flexible working hours so you could minimise travel time
> by
> not hitting the rush hour.
>
> All these things may have delayed or prevented the onset of your back
> problems, so if they weren't offered, shouldn't your employer be liable.
> Incidentally, I receive all 3 of these accomodations, so if I did develop
> a
> back problem I couldn't sue (shame!!).
>
> Of course I don't know the disability employment laws in the US, but in
> the UK
> there is quite a bit of legislation that would be useful.
>
> Cheers
>
> Deri
>
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