Should my disability be taken into consideration by my possible employers?
Find answers to your legal question.
Should my disability be taken into consideration by my possible employers?
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I have been working in the clerical/administrative field for years and my college degree is also in Business Administration but I am finding it very hard to advance. A childhood accident left me with limited use of my left hand and that hinders my typing speed. I am not as slow as a turtle and I am accurate but I can't type faster than 35 wpm. My right hand does a lot of the work. I have not gotten jobs because of typing test scores. Should I be subjected to take these tests when we all know I will fail because I do let my potential employers know about my disability. Besides my small disability I am good at my job. I am proud of the fact that I work when I could be at home getting a disability check but I want to make my own way. Is there a law about this? Should I take medical verification enough though any sane person can notice it? I am at my wit's end because I don't want a career change I like the field I am in.
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thealphafemme
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More than likely, yes, under the American's with Disabilities Act (ADA) which covers employers who have 15 or more employees. However, this is one of the more difficult laws for employers to deal with because of the definition surrounding what constitutes a disability.
An employer is REQUIRED to make a "reasonable accommodation" to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business.
However, if a typing score of say, 90 wpm is a "bona fida occupational requirement" (BFOQ) of the job (such as in a fast-paced law firm), and there isn't a modification that can help you get to that speed - then you still wouldn't qualify.
The caveat is that the typing requirement must meet that test for the BFOQ and if it doesn't, and you've alerted the (potential) employer to your disability - then you could have a case against the employer (not that I'm assuming your intent is to sue), so it might be to your advantage to question the legal validity of those typing requirements.
An individual with a disability, per the ADA, is a person who has a physical or mental impairment that substantially limits one or more major life activities that cannot be accomodated by "mitigating factors" i.e. bad vision that is correctable by contacts or glasses.
A qualified employee with a disability is an individual who, WITH or WITHOUT reasonable accommodation, can perform the ESSENTIAL FUNCTIONS of the job in question. Reasonable accommodation may include, but is not limited to:
* Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
* Job restructuring, modifying work schedules, reassignment to a vacant position;
* Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
NOTE: An employer is NOT required to lower quality or production standards to make an accommodation, so if typing is truly an essential function - an employer does not have to make that accomodation. However, if there is a way to provide an accomodation that would improve your typing - that would obligate the employer.
WHAT YOU SHOULD DO: Notice the law is written to the employers responsibility for a "known" disability. You are responsible for notifying the potential employer of your disability and asking for an accomodation.
The question that is often asked in interviews is "Can you perform the ESSENTIAL FUNCTIONS of this job, with or without an accomodation?"
Your reply to that can be something along the lines of, "I believe I can, however I do have a disability in my left hand that affects my overall typing ability. Per the ADA, is typing above 35 wpm considered an essential function of the job?" |
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SMOC
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Absolutely, Yes! An employer cannot hire a blind person to drive the delivery truck!
Life is not fair and you had to know there would be obstacles when you choose this career for yourself, many of which is sounds like you have already overcome. You are fortunate that there are many avenues in your chosen career field and you truly should pursue them. If the job listing requires 85WPM your energy is better spent applying elsewhere. You have a degree and five years experience, you do not need to be applying for entry level or typing jobs. From the information you have given you should be applying for positions of higher caliber! Like anyone with or with out disabilities do not undervalue yourself. |
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The Shepherd
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it is part of life.
If you have one leg you cannot run up stairs and you canot be a firefighter.
If your are blind you cannot be a SWAT sharp shooter.
There is no need to blame your employer. What you should do is be proactive. Sit down with your superior and tell tehm where you want to be within the firm. If you were management maybe you would not have to type at all. look to find a position that compliments your abilities instread of making your employer cater to your disability.
If they will not promote you to where you want to be. Start looking for another job.
Be proactive, be confident, get what you want. Do not act like you have disability at all and only mention it casually when it is appropriate and doors will open up for you! |
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kathy_is_a_nurse
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Would voice recognition software be of any use in helping you be faster in this area? If so, you could explore having it loaded on your office computer. Showing that kind of initiative might impress your employers.
Just a thought. |
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leysarob
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It's possible, but not a guarantee, that you are protected under the Americans with Disabilities Act (ADA). This would mean that an employer should make REASONABLE accomodations for you. Sounds like the only accomodation you require is to be allowed to type at a slower speed.
As long as whatever job you pursue does not require speed typing, you other skills would overshadow that small disability. |
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globeweasel
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agree with you. go see your state employment people. |
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starbrite.
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It's a shame you HF to go through this. I am sure
that there must be some employers that would
hire you,just because you can get the job done.They could turn in any paper work extra early so you could start on it.
No, why should you file for SSI,when you love doing your work.The employer should be glad to
have you.
No tell any employer that you have a disability.
Tell them that your typing speed is slow, but it don't haft be typed over.
The law says that if you can do the work,that they
haf to consider you for the job.That don't mean
that you will be hired.
I have worked with people with mental and
physical problems.and have found jobs for
some of them,and thy are very good workers |
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old-softy
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Sounds as though you are being discriminated against in some legal way.
If you want to move ahead and have employers that will appreciate you for what you do and possibly move you ahead of others for advancement because of your dissability you should work for the government.
City, county, state, or Federal. They all are happy to hire disabled people who can get the job done and the best part is that your co workers will accept you as a human being and not as a disabled person. |
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Ciavana
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Definitely keep with the career you have. Just speak with your employer about your disability. There's no need to let something that overshadow your other qualities, such as hard work ethic, etc. |
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hexagonal longavious
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Well if they're not openly dicriminating against you, it would be hard to take a legal route. Is there a position actually open? Hmmm, I know you said you like the clerical field, yet with a Buisiness adm...degree, you can definitely do better...consulting perhaps, or your own buisiness...good luck. |
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doitnow
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NO it is called discrimination and no employer is allowed to do that to anyone you can report them to the discrimination board and you should do so ,as they will continue to do it to others like yourself ,so you keep striving girl and dont let anyone do this to you again,. report the employer and speak your mind ,it is your rights at work . |
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