Blind and Visually Impaired Community
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Employment/ADA question concerning driving (self.Blind)
submitted by snimminycricket
I've been in my current job for 3 years, and I just decided to give up driving about 2 weeks ago. I work in commercial production for a TV station, and our department has a company vehicle that we take when we go on video shoots. We're a 2-person department, and my coworker has always been the driver. I've driven our designated station vehicle, I think, 3 times in 3 years, and 2 of those were for client meetings which we have since decided we should both go on, just like we always go on shoots together. I've only had to go on a shoot by myself once in 3 years, when my coworker was sick and the shoot had been scheduled for weeks.
The point is, although I *think* the job description when I applied stated that a valid license was a job requirement (but I don't have a copy of the job listing anymore and can't remember for sure), the last 3 years have demonstrated that our department functions just fine with only one of us driving for the job. To complicate matters, my coworker has lots of vacation coming up and clients want to schedule shoots.
So I asked my boss what this means for me (he's my mentor - I worked with him in another department for 4 years before moving to this department), and he said he had to check with the general manager to see how/if they can make it work. I asked if there's a possibility that this might mean I'm not qualified for the job anymore and he said he honestly doesn't know. He said they'll try to make it work in the short term but in the long term he doesn't know. And the GM is out of town for the next 2 weeks, so I just have to wait and wonder I guess. This is extra frustrating because I gave my boss a heads up 2 years ago that this would be coming and he assured me that it would be okay.
So my question is, under the ADA can my company require me to be able to drive (I still have my license, I just don't feel safe using it) even if historically it has been demonstrated that it's not really a necessity in order for our department to get our work done? Can they legally let me go because of this? I'm brand new to navigating these things and our HR department is in transition right now so I don't have anyone there that I can really go to for answers. I appreciate any insight y'all can provide, or even just some tips on where to find ADA information pertaining to visual impairment and employment.
The point is, although I *think* the job description when I applied stated that a valid license was a job requirement (but I don't have a copy of the job listing anymore and can't remember for sure), the last 3 years have demonstrated that our department functions just fine with only one of us driving for the job. To complicate matters, my coworker has lots of vacation coming up and clients want to schedule shoots.
So I asked my boss what this means for me (he's my mentor - I worked with him in another department for 4 years before moving to this department), and he said he had to check with the general manager to see how/if they can make it work. I asked if there's a possibility that this might mean I'm not qualified for the job anymore and he said he honestly doesn't know. He said they'll try to make it work in the short term but in the long term he doesn't know. And the GM is out of town for the next 2 weeks, so I just have to wait and wonder I guess. This is extra frustrating because I gave my boss a heads up 2 years ago that this would be coming and he assured me that it would be okay.
So my question is, under the ADA can my company require me to be able to drive (I still have my license, I just don't feel safe using it) even if historically it has been demonstrated that it's not really a necessity in order for our department to get our work done? Can they legally let me go because of this? I'm brand new to navigating these things and our HR department is in transition right now so I don't have anyone there that I can really go to for answers. I appreciate any insight y'all can provide, or even just some tips on where to find ADA information pertaining to visual impairment and employment.
snimminycricket [OP] 3 points 2y ago
Thanks for your replies. It's been a very taxing day. I did some additional research and this was the most informative resource that I found so far:
$1
Under question 4, which concerns whether and when an employee should disclose their disability to their employer, it says: "Sometimes, the decision to disclose depends on whether an individual will need a reasonable accommodation to perform the job (for example, specialized equipment, **removal of a marginal function,** or another type of job restructuring). A person with a vision impairment, however, may request an accommodation after becoming an employee even if she did not do so when applying for the job or after receiving the job offer." I would consider my once-a-year need to drive a station vehicle a *marginal function*. Hopefully management will agree that the removal of this function won't cause the company an undue hardship.
Under question 10, which concerns what reasonable accommodations an employee with a disability may need, it says (among other things): "**a driver** or payment for the cost of transportation **to enable performance of essential functions**." And one thing my boss mentioned is the option of pulling someone from another department to drive me to a shoot if I need to go on one and the other member of my department is out. So if the company does deem the ability to go on shoots without my other department member an *essential function*, this seems like a reasonable accommodation that wouldn't cause undue hardship to the company.
So, armed with this knowledge from the Equal Employment Opportunity Commission, I think I have a pretty good case for keeping my job. But there's also an okay chance that I might not have to fight for it because the GM may just say it's fine and we'll work around my disability in this one small area of my job responsibilities. My boss could just be making too big a deal out of it at the moment because he's afraid that the GM will be unreasonable and doesn't want to get my hopes up. But now, no matter what happens, the way my boss has handled it has done irreparable harm to our mentor-mentee relationship, because I truly feel like he doesn't have my back right now and is more concerned about the bottom line, which hurts.
$1
Under question 4, which concerns whether and when an employee should disclose their disability to their employer, it says: "Sometimes, the decision to disclose depends on whether an individual will need a reasonable accommodation to perform the job (for example, specialized equipment, **removal of a marginal function,** or another type of job restructuring). A person with a vision impairment, however, may request an accommodation after becoming an employee even if she did not do so when applying for the job or after receiving the job offer." I would consider my once-a-year need to drive a station vehicle a *marginal function*. Hopefully management will agree that the removal of this function won't cause the company an undue hardship.
Under question 10, which concerns what reasonable accommodations an employee with a disability may need, it says (among other things): "**a driver** or payment for the cost of transportation **to enable performance of essential functions**." And one thing my boss mentioned is the option of pulling someone from another department to drive me to a shoot if I need to go on one and the other member of my department is out. So if the company does deem the ability to go on shoots without my other department member an *essential function*, this seems like a reasonable accommodation that wouldn't cause undue hardship to the company.
So, armed with this knowledge from the Equal Employment Opportunity Commission, I think I have a pretty good case for keeping my job. But there's also an okay chance that I might not have to fight for it because the GM may just say it's fine and we'll work around my disability in this one small area of my job responsibilities. My boss could just be making too big a deal out of it at the moment because he's afraid that the GM will be unreasonable and doesn't want to get my hopes up. But now, no matter what happens, the way my boss has handled it has done irreparable harm to our mentor-mentee relationship, because I truly feel like he doesn't have my back right now and is more concerned about the bottom line, which hurts.
pirate40plus 3 points 2y ago
Sounds like you want to change the conditions of your employment. They’re required to make a reasonable accommodation but if driving is a requirement of the job it’s going to be tough to accommodate an employee who no longer wishes to drive.
BlindLuck72 2 points 2y ago
I think technically speaking they could since you’re not able to fill a core job function.
That being said it sounds like you’ve been working there a while which means you have a lot of institutional knowledge. Most good managers will go out of their way to help you out if you’re someone they can count on. (New role, adjusted role, other opportunity).
Let us know how it works out for you! We all learn thru each other’s experiances
That being said it sounds like you’ve been working there a while which means you have a lot of institutional knowledge. Most good managers will go out of their way to help you out if you’re someone they can count on. (New role, adjusted role, other opportunity).
Let us know how it works out for you! We all learn thru each other’s experiances
snimminycricket [OP] 2 points 2y ago
I presented the results of my research to my boss yesterday, and I'm waiting to hear what he thinks. I think I have a strong argument that driving is \*not\* a core job function, because I've been in this job for 3 years and almost never drive for the job. (I'm glad I have that historical data to refer to.) And the person who held the job before me rarely drove either - my teammate who worked with the previous person for many years before I moved to this department attests to that. And I will definitely update this thread with any new developments! I'm so thankful to have other VI people to share with and learn from; this sub has been such a great support in just the few weeks I've been here.
BlindLuck72 2 points 2y ago
Keep us posted we are wishing you the best!
QuinnDxo 2 points 2y ago
I was terminated from my job last year because I was no longer able to drive due to my vision. I still hold a license, I can see a little bit but no longer feel safe driving. They didn’t even give me a chance to ask for accommodations or explain that my husband could drive me. I was told that because my position was critical ( as a front office manager of a hotel) and I was no longer able to do my job to the ability they hired me for they fired me.
I found this link https://visionaware.org/working-life/know-your-rights/americans-with-disabilities-act-in-context/americans-with-disabilities-act-5900/ I hope it helps.
I found this link https://visionaware.org/working-life/know-your-rights/americans-with-disabilities-act-in-context/americans-with-disabilities-act-5900/ I hope it helps.
SLJ7 2 points 2y ago
Sounds frustrating considering you already had the conversation years ago. I think the last commenter is right, but you may want to consult r/legaladvice (remember to put your state in there; nobody does). A lot of jobs do require a license even though there's little chance someone will ever need it.
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