The material posted does indeed violate the ADA and I
suspect California law as well. One problem with the ADA is
that enforcement is almost exclusively complaint driven, so
until a potential applicant files a complaint .... Sending
the company a comment is one good advocacy approach but If
there is some one from California on the list sending copies
to the regional EEOC office and the California Human Rights
Commission (I think that is the right name for state civil
rights enforcement body in California) are also good
approaches.
-----Original Message-----
From: Mark Priestley [mailto:[log in to unmask]]
Sent: Friday, July 04, 2003 6:34 AM
To: [log in to unmask]
Subject: ADA and genuine occupational requirements?
Hi
Looking at Beth's example, I'm amazed! Excuse my complete
ignorance, but
is that an approach that is permitted or even encouraged in
job
advertising under ADA? I can see that it might be a genuine
occupational
requirement to 'operate a computer' or 'deal with
correspondence' but
the specification of any particular motor or sensory
function presumed
to be necessary for that task (and incorrectly presumed!)
would be
unacceptable here save for specific occupational exemptions
I think.
Best wishes
Mark
-----Original Message-----
From: The Disability-Research Discussion List
[mailto:[log in to unmask]] On Behalf Of
[log in to unmask]
Sent: 04 July 2003 06:47
To: [log in to unmask]
Subject: (no subject)
Hello everyone!
Below is a job ad from the Verity web site. It's a great
example of a
company attempting to dodge the ADA. I hope that you will
send the
company an
E-mail expressing your outrage. This company should know
that we have
noticed what
they are doing.
Best,
Beth
Beth Omansky Gordon
Ph.D. Candidate
The University of Queensland
"The position is for a Senior Technical Writer. On the
company's website
we
find the following statements:
Verity also recognizes that strength comes from diversity.
We are
committed
to building an environment characterized by respect for the
individual
and
where cultural and ethnic diversity contribute to a
high-performance
work force.
Because of this, we are firmly committed to equal employment
opportunity
and
affirmative action for all employees.
If you're a leader in your field and think you'd fit into
the Verity
team, we
'd like to hear from you.
Then...as part of the job description we find this diatribe:
Physical demands
The physical demands described here are representative of
those that
must be
met by an employee to successfully perform the essential
functions of
this
job.
While performing the duties of this job, the employee is
frequently
required
to sit; use hands to finger, handle, or feel; reach with
hands and arms;
and
talk or hear. The employee is occasionally required to stand
and walk.
Specific
vision abilities required by this job include close vision,
distance
vision,
peripheral vision, and ability to adjust focus. Employee
will work in an
office setting. Must be able to use a computer keyboard for
6-8 hours
per day;
operate office equipment; and occasionally lift items up to
10 pounds.
Verity, Inc.
894 Ross Drive,
Sunnyvale, CA 94089
U.S.A.
Telephone: (408) 541-1500
Fax: (408) 541-1600
Email:email_link('info') <A
HREF="mailto:[log in to unmask]">[log in to unmask]</A> "
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