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,
benefits and lost productivity for people with MS and their families - are
estimated by the National Multiple Sclerosis Society at $21 billion.

Because it addresses in a comprehensive and far-sighted manner the issue of
discrimination based on physical handicaps, The Americans with Disabilities
Act will significantly reduce the economic impact of multiple sclerosis on
society. It will allow persons with multiple sclerosis and other handicaps
access to jobs that are presently denied them.

The Americans with Disabilities Act is of particular importance to handicapped
residents of Indiana because there is at present no Indiana Statute requiring
an employer to make reasonable accommodations for a handicapped employee.
Although Indiana Code, Section 22-9-1-1 et seq.* addresses discrimination
based on handicap, the statute does not, in fact, compel an employer to make
any concessions at all for a physically challenged employee.

The accommodations required by the Americans with Disabilities Act are
important to the clients I serve. They will impact persons such as Tom, a
diesel mechanic who returned to the work place after a two month absence due
to a job related injury. During the resulting hospitalization, Tom was
tested for multiple sclerosis. The tests proved inconclusive. Tom's employ-
er somehow learned that the doctors suspected he had MS. When Tom later
returned to work with a signed doctor's release - he was given an ultimatum.
He was told that he either must agree to transfer his employment to a tempor-
ary employment service that the company worked with, or he would lose his
job. The company's objective was to avoid carrying Tom on their group health
insurance policy. They in effect were denying him job security and benefits
because he was suspected of having multiple sclerosis.

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 legislation.

Submitted by: JoAnn L. Shanks

Chapter Services &
Equipment Coordinator
Indiana State Chapter

National Multiple Sclerosis
Society

Indiana Civil Rights Law- Section 22-9-1-13

Employment of handi-
capped persons; dis-
crimination; promotion
or transfer; physical
accommodations

Sec. 13. (a) The prohibition against
discrimination in employment because
of handicap does not apply to failure of
an employer to employ or to retain as
an employee any person who because
of a handicap is physically or other
wise unable to efficiently and safely
perform, at the standards set by the
employer, the duties required in that
job.

(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 accom. modate 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.

United Cerebral Palsy of Indiana (UCPI) is privileged to have the
opportunity to speak to you personally at this hearing concerning
the Americans with Disabilities Act, recently passed by the U.S.
Senate and soon to be considered on the floor in the U.S. House
of Representatives.

UCPI heartily endorses this legislation extending equal, civil rights
and ending discrimination for our special population of people with
disabilities, in the areas of employment, public accomondations, new
construction, renovation and transportation.

Further, we would urge that each Committee Member and each Congressman
in the House consider carefully any and all changes suggested by
pressure groups, before making decisions that would tend to weaken or
compromise the bill in any way.

Thank you for the opportunity to express our concerns.

Julian Coleman, President

United Cerebral Palsy of Indiana

A not-for-profit organization dedicated to improving the quality of life for persons with cerebral palsy and other disabilities