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The law says the employer still has the right to set reasonable requirements
believed necessary to accomplish the job (e.g., to help achieve the
employer's business goals.) When an employee or potential employee
challenges the reasonableness of those requirements, it is up to the courts
that determine whether those requirements were reasonable.
Requiring the a technical writer be able to present information to a live
audience or group might squeek by. However, requiring that they be able to
stand up to do so would never, um, stand up in court.
You very clearly are confusing the "employer goal" with the "employee task."
-Ed Gregory
-----Original Message-----
From: bounce-techwr-l-94027 -at- lists -dot- raycomm -dot- com
[mailto:bounce-techwr-l-94027 -at- lists -dot- raycomm -dot- com]On Behalf Of Andrew
Plato
Sent: Friday, March 29, 2002 2:46 AM
To: TECHWR-L
Subject: Re: Job Requirements (was Ethical Companies)
--- Sue Ellen Adkins <sea -at- best -dot- com> wrote:
> My only comment is that the Americans with Disabilities Act (ADA) is
> designed to prevent discrimination against disabled employees.
I never said that people with disabilities should be excluded from their
job.
Illegal discrimination is illegal. But, I also believe companies have a
right
and responsibility to set expectations and requirements for a job. And the
people who do not fit those requirements should not be considered for
employment.
A job is not a right. Its a job. And firms need the ability to establish
reasonable work expectations. I don't think there is anything terribly
unreasonable or unusual about asking an writer to be able to stand to give
occasional presentation.
I also don't think it is fair to take, honest discrimination issues such as
race or sex and try to equate them with reasonable job expectations. Not
getting a job because you're Hispanic or a woman is discminnination. Not
getting a job because you refuse to stand-up to give presentations is a very
different thing.
> Possibly this is because we are accustomed to having the presenter
> standing. This is for a technical writer; I don't know any writers
> who make a lot of presentations.
That doesn't mean they don't exist or that it is unreasonable to ask for
that.
I gave many presentations back when I used to do tech writing. So you know
at
least one now.
> This is true only if the requirements are relevant to the job. It
> isn't any more legal to require that writers be able to walk than to
> require that writers be male--if the only reason for the requirement
> is that people are more comfortable working with them.
How do you know it isn't relevant? Not every firm has the same definition of
a
technical writer as you, or me. Moreover, There is a wide gap in
reasonability
between asking employees to be male vs. asking them to give presentations
standing up.
Andrew Plato
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