sign in • sign up
web | myLot | discussions | tasks | blogs | news | photos
homeinterestsdiscussionstasksblogsnewsmessages friendsphotosearningsmyLotquizzes

one- eye disability email this discussion to a friend?

noel01 (1)4 years ago

The company refused to employ a probationary employee to driver position because he’s monocular (one-eyed) and no longer qualified under the employer's vision set of rules. The probationary employee sued claiming that the employer violated the Disabilities Act since the possibility of hiring him as regular employee was already out of the question.
According to the Court, for a monocular individual to show that his or her impairment is a disability, the impairment must prevent or severely restrict use of his or her eyesight compared with how unimpaired individuals normally use their eyesight in daily life. The Court stated that the individual was not substantially limited because they could drive, read, use tools, and play sports.
The employee claimed that the employer regarded all monocular individuals as being disabled. The Court disagreed and stated that, although the employer's vision protocol screens out all monocular individuals, that does not necessarily mean that the employer regarded them as disabled. The Court further noted that there is nothing improperly discriminatory about a protocol that qualifies individuals for safe driving of particular vehicles on the basis of a condition that is perceived to be limiting to their ability to see, but not substantially limiting.
The employer appealed and suggested to pay all casualties and offer some sort of rewards in exchange of employee’s regularization process. Also, the employer maintained that employee’s status are merely probationary and thus, providing them the privilege to retain such kind of employees. The employee was not amenable to such conditions. He insisted to have a regular position in driving since looking for another job would be much difficult for him.

 
 
sponsors
Local Yellow Pages
Find What You Are Looking For In Your Local Area. Try Us Now.
Yellowbook.com

Soc Security Disability Claim Denied?
Don't give up, let us handle your appeal. Free screening.
www.Allsup.com

Disability Claim Denied?
We fight unfair disability insurance denials for insurance claimants.
www.frankelnewfield.com

sedel1027 (12399) response was accepted on 7/6/2006.
denotes best response.
 
1. myLot reputation of 93/100. sedel1027 (12399)   4 years ago

What kind of information are you looking for here? Court rulings that agree or disagree with the initial ruling? Are you doing research on EEOC?


noel01 (1)  4 years ago

What could be done to resolve this issue? A resolution as to reconcile both parties. I am not doing research on EEOC. just need help to study this case. thanks!


myLot reputation of 93/100. sedel1027 (12399)  4 years ago

I think this would have to be resolved in house between the employee and the employer or have the employee find another job. I think the ideal sitatuon would to be placing the employee in a aposition that both employee and employer would be happy with. Honestly, I am sure his employer took him off of his original position more for insurance reasons than anything else and with him being on probation the employer can release him from his job duties at anytime regardless of reason. Why does this employee have to be a driver?

Local Yellow Pages Find What You Are Looking For In Your Local Area. Try Us Now. Yellowbook.com
 
2. myLot reputation of 76/100. QnAQueen (556)   4 years ago

one of the things that was not mentioned here is that part of the ADA, the company should have made the effort to provide for special accommodations so that the employee would be able to perform his tasks in the proper and safer way (not the exact terms, obviously).
did the case come to a conclusion? if it did, how did the court fianlly rule, or did the (former) employee pursue it further to get a regular job?


noel01 (1)  4 years ago

Perhaps, the question here is how the employee and employer would resolve the issue. how would they come out with a good agreement?


myLot reputation of 76/100. QnAQueen (556)  4 years ago

are you asking me to answer your question about a possible resolution between the employer and employee?


noel01 (1)  4 years ago

yes. just want to know some of your kind insights. thanks!

Soc Security Disability Claim Denied? Don't give up, let us handle your appeal. Free screening. www.Allsup.com
 
sponsors
Car Insurance Quotes
Find the best rate in your state.
allinoneinsurance.us

Washington DC Tours
Customized Student Tours in the United States. Contact Us Now.
www.EducationalTours.com

Vein Conditions
McLean Vein Center Offers Multiple Treatments for Veins.
DC.Vein-Treatment.com

sponsors
Car Insurance Quotes
Find the best rate in your state.
allinoneinsurance.us
Washington DC Tours
Customized Student Tours in the United States. Contact Us Now.
www.EducationalTours.com
Vein Conditions
McLean Vein Center Offers Multiple Treatments for Veins.
DC.Vein-Treatment.com
Unemployment Employer?
-> $250 Free Groceries<- Limited time offer. Get started now
www.FinancialCrisisHelp.org
Wash USA Servicing Northeast Tri State
We offer professional services for tennis courts. Indoor & Outdoor Steam Wash, Power Wash. Service tennis dome cleaning & polishing. 877Washusa.
www.washusa.com
DMV Driving Records Search
Search DMV driving records by name. The US driving records directory.
vehiclerecordsregistry.com
Washington DC Attorneys
Need a lawyer? Search our legal directory for lawyers in your area.
Attorneys.YellowPages.com/DC
return to mylot
We are loading a word from our sponsors. No thanks, cancel loading.