You guys can argue with me anytime you want. But one thing is ADA can't protect your asses is a lot of million dollars companies and governments prefer to hire the best quality and the skills of the candidates needed to support them.
Want a crazy stories? Here are examples:
Here's what the court decided:
An airline carrier could refuse to hire two deaf pilots, even though their hear could be corrected to perfect. Since their condition could be fixed, the court said the law didn't protect them. Since the law didn't protect them, the airline company said: No job.
A delivery company fired a deaf mechanic who had high blood pressure. With medication, the blood pressure could be controlled. Since the medical condition was treatable, the court said the law didn't protect the man. Since the man had the condition, the delivery company said: No job.
So what does this mean for deaf people?
We're afraid that this means that, if you live in the U.S., you are trouble.
You have a disability. The ADA has been interpreted in the past to protect you. For example, the EEOC regulations specified: "a disability, is an impairment for ADA purposes." A U.S. Court of Appeal (a lower court than the Supreme Court) had ruled that a law graduate was protected by the law, and could ask for extra time to complete the state bar examination.
But the Supreme Court's decision will undermine many of these protections. The next time someone goes to court, they are going to have to prove that a disability is something that can not be corrected
In our mind, the fact that we can provide these strategies shouldn't effect a person's ability to avoid job discrimination, or get reasonable accommodations from their employer. 'Reasonable accommodations' might mean the right to take an employment-related test orally, rather than in writing. Or, it could be a technological solution, such as the right to use a computer dictation system on the job, rather than being expected to type.
But now we're worried. Because what the Supreme Court is telling you as a disability person is: Don't get help. If disability is a permanent, that will forever limit your ability to read, write, hear or whatever it is then maybe you will still be able to get accommodations under the ADA. You can work as a day laborer and never be required to take a written test, because you are disability.
But if you take the initiative to overcome your problems - if you work to become a better employee then you are in trouble. You might have noticed that all the best-paying jobs these days require you to be literate. So, rather than wallow in self-pity, maybe you enrolled in a class in your community, and worked your tail off, and now you can do it. By all your hard work, you have actually developed the skills and ability to do everything your job requires. Sure, you need the help of a spell-checker – but that's standard equipment on all computers these days.
What happens, according to the Supreme Court? Now, your boss can fire you, or refuse to promote you, just because you happen to be 'disability' even if you are doing your job well.
So what can you do? If the Supreme Court's interpretation stands, then there is only one safe course: go back into the closet. Don't tell your boss that you are disability. Lie about it. And count yourself lucky for having an invisible disability. Because, according to the U.S. Supreme Court, the law won't protect you any more.
I am sorry. I wanted pek1 to be able to achieve more, and to take pride in his abilities, to recognize his talents as gifts, and to know that with strength and determination, he can overcome his limitations.
Companies wanted to know that it is worth their while to invest in adaptive technology, such as a computer dictation system, or extend other accommodations to you, to have the benefit of your keen mind on the job. But the Supreme Court has spoken.
There are laws that prevent deaf people from being fired or refused a job, but unfortunately, these laws don't protect all people every time. Here's why there's no simple answer: Anti-discrimination laws protect people who are disabled from job discrimination. It is up to courts to decide whether a person qualifies as disabled, and therefore entitled to protection from job discrimination. While courts have often ruled that hearing impaired is a disability, they have not ruled this way in all cases.
Disability anti-discrimination laws do not protect you. Under the ADA, your employer can't discriminate against you so long as you're well enough to go to work regularly and do the basic parts of your job, but the ADA does not protect you when you cannot do your job.