Page 13 15. Establishing a Standard and Burden of Proof for Section 103 Redesignate Section 103(a) as Section 103(a) (1). Insert, after page 15 line 22 a new section 103(a) (2), as follows: (a) (2) An employer shall meet his/her burden of proof by demonstrating by a fair preponderance of the evidence that any standard, criteria, or test is job-related. An employee (or applicant) who thereafter asserts that the job-related defense is pretextual shall have the burden of proving that assertion by clear and convincing evidence. Justification An employer shall be entitled to a presumption that he/she has been acting in good faith when he/she establishes employment standards or tests. The assertion that a standard or test was selected in bad faith should be sustained only if there is more than minimal evidence to sustain it. 16. Provision to Facilities Providing TDY Services Renumber Sections 307 through 309 as Sections 308 through 310 and insert on Page 47 line 6 a new Section 306, as follows: (B) Section 306 Notwithstanding any other provision of Titles I, II or III an entity shall not be required to install TDY equipment unless it is fully compensated the cost of purchasing such equipment, either by the person(s) who use it or by reimbursement from either a State or the federal government. Justification TDY equipment is very specialized and costly equipment. unfair to impose the financial burden of purchasing this equipment, which will be used only by profoundly deaf individuals, on a facility. It is As Chapter Services and Equipment Coordinator for the Indiana State Chapter, I serve over 3,500 Hoosiers who have multiple sclerosis a chronic, often disabling disease of the central nervous system. Multiple sclerosis affects young adults most commonly between the ages of 20 and 40- just as they are starting to live. The lifetime costs of multiple sclerosis to society including medical expenses, Because it addresses in a comprehensive and far-sighted manner the issue of The Americans with Disabilities Act is of particular importance to handicapped The accommodations required by the Americans with Disabilities Act are In another case, a bright young woman was interviewed for a position with a financial institution and was told that she could give notice to her present employer. The woman who interviewed her was to call Tricia with a starting date. Tricia decided to disclose that she had MS. Although Tricia was initially told that it made no difference, the woman who interviewed her failed to call with a starting date. When Tricia called to find out what had happened, she was told that someone else would be hired for the position. The Lady who interviewed Tricia admitted that she had been denied the job because she had multiple sclerosis. Persons who are disabled want and deserve to be productive members of America's work force. The Americans with Disabilities Act removes major barriers that might prevent persons like Tom and Tricia from working. I urge the Congress to pass this most important civil rights legisiation. Submitted by: JoAnn L. Shanks Chapter Services & Indiana Civil Rights Law- Section 22-9-1-13 Employment of handi capped persons; dis- Sec. 13. (a) The prohibition against (b) After a handicapped individual is employed, the employer shall not be required under this chapter to promote or transfer such handicapped person to another job or occupation, unless, prior to such transfer, such handicapped person by training or experience is qualified for such job or occupation. (c) This section shall not be construed to require any employer to modify any physical accommodations or administrative procedures to accommodate a handicapped person. October 16, 1989 My name is Tricia Smitha. I was diagnosed as having Multiple Sclerosis in 1986, when I was 19 years old. I have been employed by the City-County Government for the past four years in accounting positions. I have been in remission from my M.S. since March 1989. On Tuesday, May 30th, 1989, I interviewed for a job with a local Credit Union. The person who interviewed me, Jan, was very enthusiastic and said that as long as my references were okay, that I had a job with her company. At that point, I told her about my having M.S., because in 1986 I was off of work for six weeks due to surgery and an excaberation of M.S. I explained to her the situation, and gave her some information about Multiple Sclerosis. She said that she was really glad I was honest with her, but that it did not affect her opinion about my abilities. The next day, I called her secretary, who told me to go ahead and give notice at my current job. She said that I would be hearing from them for a confirmed start date, which would be sometime around the first of August. I called the first week of July, since I had not heard from them. I was told that Jan was not in, but that she would return my call. On July 13th, I called back, since Jan had still not called. The secretary informed me that Jan had changed her mind. I asked why, and she said because of "your illness." I asked her what illness and she said, "You know, your M.S." Jan had talked to a friend of hers who has a friend who has M.S. She went on to say that the disease frightened Jan, and that "anything could happen." I have no disability which would prevent me from performing a job. I have not missed a day of work due to Multiple Sclerosis since 1986, excluding partial days off due to Doctors' appointments. I am a perfectly normal human being who has a right to be employed just like any one else. I am very lucky that my current employer agreed to let me withdraw my resignation. Other people may not be so lucky, and then have to deal with "disease discrimination" when looking for another employment opportunity. |