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From:
Indigo Nights <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Thu, 28 Feb 2002 13:04:55 -0800
Content-Type:
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Well, that's two slams in a row.  Three if you'd like
to count the fact that the very typeface your response
comes through to the list in is not very
accommodating.  So small that it's blinding, but then
I guess that has about as much credibility as the
concerns folks round here have about using HTML.

First, it assumes that some of us know nothing about
standard hiring practices.  That would also assume
that some of us do not follow employment law practices
and issues surrounding how frequently employers
attempt to skirting around employment laws.

The ADA was put into law more than 10 years ago.  To
this day, those who require its protections have to
regularly stand up against a system that either
chooses to demonstrate or feign ignorance of the law.
Ignorance of the law is no excuse.

Secondly, I let the first response fly by in the
interest of attempting to sustain peace of some sort.
Since you posted the app, it was presumed you had some
understanding of the verbiage that was attempted to be
passed off.

Reasonable is clearly a subjective term.  What may
seem reasonable can be based upon the whim of the
hiring supervisor, their particular mood, or some
other folly.

Now, since you've really danced on my absolute last
nerve in this matter, there are other employment laws
that are clearly on the books.  HIPPA and it's
California counterpart and one better AB 2222 (having
to do with whether one does or does not have to take
an employment physical--if one already has insurance
under COBRA or privately held and there is no business
necessity, and not all the employees of like
classification are required to take the same exam, one
doesn't have to, at least not in my state) were
abjectly flaunted by a major employer with holdings in
California and a parent company back east.

Even though it was brought to their attention as an
oops, you may not have been cognizant that the law
changed, the company opted to flaunt the law saying
that it wouldn't make the front page of the LA Times
or the Wall Street Journal.  In other words, unless
the employee was willing to and had the resources to
take on the major corporation, they were going to
reneg on their responsibilities as a corporation to
obey the law.

Boilerplate verbiage in offices may not always hold up
in a court of law.  That standard language may not
have been modified along the way to keep up with more
recent court rulings, and if you ask someone--just as
I asked you--you get the very ignorant response that
basically equates to "I dunno, that's what we've
always done."

A job is a two-way street.  Powerplaying as a
prospective employer and standing up to trite
responses presuming that some AG along the way gave
blessing to long-ago-written verbiage does not
guarantee its sacrosanticity.  Condescension, instead
of simply saying I don't have the answer--or more
probably I don't want to give YOU the answer--doesn't
help either.

For the record, I run an online discussion group with
a number of ADA attorneys and advocates and have for
well over a year.  That particular topic is a sore
spot for me, attempting to ensure equal access to all,
and I truly resent the double volleys of "geez you're
stupid" your response infers.



--- Audra Oliver <[log in to unmask]> wrote:
> Those of you who have suspicions about these
> standard practices (earlier post challenging
> "reasonable accommodation" comes to mind) may want
> to discuss the job application process with an
> employment counselor. Until you are well-versed and
> comfortable with these procedures,  you may come
> across as unduly suspicious of your prospective
> employer.



=====
Indigo Nights
[log in to unmask]

Looking for a job?  Try:
Check out the REVISED Got Links, your one-stop portal
http://victorian.fortunecity.com/stanmer/414  Updated 02/14/02

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