Working with a Disability

Oct 13, 2004 3:39 PM

We would like to introduce you to the UFT Committee for Members who are Capably Disabled. We are disabled educators just like you. The members of our committee run the gamut of visible and invisible disabilities. We know what it is like to face the challenges of a school environment while working with a disability. We’ve been there. We know what it’s like and we know how to help.

The UFT established the committee in March 1990 to focus on the concerns of members seeking certain accommodations to continue as educators. However, you do not have to be capably disabled in order to be a member of the committee. We also include persons who, based upon medical prognoses, expect to be disabled in the future. And we have members who simply support our colleagues in their pursuit of their legal and contractual rights.

"I was reluctant to even tell people about my disabilities. I was very opposed to the idea of being ‘specialled out.’ But I realized that it was necessary, and in so doing I found people who would be helpful and cooperative."

PHYLLIS KAHN
Special education teacher
PS 12, Manhattan

A capably disabled person is qualified to perform an assignment but might require a reasonable accommodation to do it well. Our committee fights for capably disabled UFT members who are working with a disability, and we have scored some impressive victories in recent years. For example, our unrelenting efforts convinced the New York City Board of Education to hire a Disability Rights Coordinator. As a result, disabled members who requested work accommodations found the process a bit smoother because the Disability Rights Coordinator intervened on their behalf.

The committee can provide you with:

• Information
• Advice
• Support
• Assistance with a work accommodation request

Standing Up for
Your Rights

If you are disabled and you need some type of help in order to perform your job more effectively, we can help you get the assistance you need. With the Committee for the Capably Disabled behind you, you can stand up for your rights successfully without fear of resentment or reprisals. You need not stand alone.

Certain rights of the disabled are guaranteed by federal, state and local laws. However, those rights are meaningless unless members know them and report violations to us so we can make sure the laws are enforced. We understand that some people are reluctant to complain or be identified as disabled because of concerns about social stigmas or job security. But no one should give up his or her rights and settle for working under adverse conditions. The UFT is here to make sure that does not happen.

Am I Disabled?

According to federal guidelines, workers are considered to have a disability if they:

• have a physical or mental impairment that substantially limits one or more major life activities such as walking, talking, seeing, hearing, self-care, learning, working; or
• have a record of having had an impairment such as a history of cancer, past mental illness; or
• are regarded by others as having an impairment (for example, because of a facial scar or limp).

Specifically, the Americans with Disabilities Act (ADA) defines disability as a physical or mental impairment that substantially limits one or more of an individual’s major life activities. The list of impairments includes any physiological or psychological disorder or condition, cosmetic disfigurement or anatomical loss. It also includes—but is not limited to— cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection or AIDS, tuberculosis, drug addiction and alcoholism.

The New York Human Rights Law (NYHRL) prohibits an employer from refusing to hire, employ, or bar from employment, an individual due to his disability.  N.Y. Executive Law §292 (2).  The definition of disability enumerated in the NYHRL is broader than the ADA definition.  Giordano v. City of New York, 274 F.3d 740, 753 (2d Cir. 2001).  The NYHRL covers not only individuals with qualifying physical, mental or medical impairment, but also those who are perceived by others to have such impairments.  §292 (21) of the NYHRL defines the term “disability” to mean:

(a) a physical, mental or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically accepted clinical or laboratory diagnostic techniques, or (b) a record of such impairment, or (c) a condition regarded by others as such an impairment, provided, however, that in all provisions of this article dealing with employment, the term shall be limited to disabilities which, upon the provision of reasonable accommodations, do not prevent the complainant from performing in a reasonable manner the activities in involved in the job sought or held. 

 The term “reasonable accommodation” includes, but is not limited to, provision of an accessible work site, acquisition or modification of equipment, support services for persons with impaired hearing or vision, job restructuring and modified work schedules, provided, however, that such actions do not impose an undue hardship on the business, program or enterprise of the entity from which action is requested.  §292 (21-e).  Further, §296 (3)(a) states that it shall be an unlawful discriminatory practice for an employer to refuse to provide reasonable accommodations to the known disabilities of an employee. 

 An important distinction between the ADA and the NYHRL is that, to establish a prima facie case under the ADA, the individual must prove that his or her disability limits one or more major life activities.  Americans With Disabilities Act, 42 U.S.C.S. 12102 (2).  In contrast, the NYHRL does not have the “impairs a major life activity” requirement and is less restrictive than the ADA.  As noted in the Q&A that appears on the UFT’s website, the New York State Division of Human Rights handles complaints of discrimination under the NYHRL.

According to The New York City Human Rights Law the term "disability" means any physical, medical, mental or psychological impairment, or a history or record of such impairment.

The term "physical, medical, mental, or psychological impairment" means: (1) An impairment of any system of the body; including, but not limited to: neurological system; the musculoskeletal system; the special sense organs and respiratory organs, including, but not limited to, speech organs; the cardiovascular system; the reproductive system; the digestive and genito-urinary systems; the hemic and lymphatic systems; the immunological systems; the skin; and the endocrine system; or (2) A mental or psychological impairment. (c) In the case of alcoholism, drug addiction or other substance abuse, the term "disability" shall only apply to a person who (1) is recovering or has recovered and (2) currently is free of such abuse, and shall not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

 Under the City HRL, a reasonable accommodation to a person with a disability is one that will not cause an undue hardship in the operation of the employer’s business.  §8-102 (18).  Some examples of a reasonable accommodation, provided by the New York City Commission on Human Rights, which enforces the City HRL, include: making existing workplace facilities readily accessible to and usable by an employee with a disability; job restructuring; modification of work schedules; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials or policies; and providing qualified readers or interpreters. 

 The New York City Commission on Human Rights also explains that if an individual with a disability is applying for a job, the prospective employer may not ask about the existence, nature or severity of the disability, but may ask about the individual’s ability to perform specific job functions.  Under the City HRL, an employer may not make medical inquiries or conduct a medical examination of the applicant until a job offer has been made.  Medical examinations of employees must be job related and consistent with the employer’s business needs.  The Commission notes, however, that employers are not required to lower quality or quantity standards to make an accommodation.

 Perhaps you are coping with a disability or condition that isn’t listed here. Even so, you can still be entitled to the protections and rights to accommodations offered by the above laws. If you have questions, ask us!

"It’s very painful when you’ve been used to taking care of yourself all your life and suddenly you have nothing. It’s compounded when you have a disability and no one wants to give you a chance to show that you can be useful. That’s why I said ‘Thank God’ when the union organized the Committee for the Capably Disabled. It’s about time someone made the Board look beyond the handicap and see what the individual can do."

LESLIE JALABER,
Itinerant teacher of visually impaired and multi-impaired students

Getting Reasonable
Accommodations

The ADA and the New York State & New York City Human Rights Laws entitle people with disabilities to reasonable accommodations to help them with their work. Examples of accommodations include modifying or eliminating a difficult building assignment or arranging to have all of your classes in the same classroom.

Here are other examples of accommodations we’ve helped our members to obtain:

• Classroom on first floor
• Vibrating beepers to alert hearing impaired persons about emergencies
• Accessible work sites
• Projectors instead of chalkboards for written work

The assistance you need will be based upon your disability. Do not be afraid to ask!

About the Committee

Our goal is to help you so that you can perform like the professional you are. The committee holds monthly meetings to keep you up to date on the latest information about working with a disability. Non-disabled members who wish to support disabled colleagues are also welcome. We urge you to attend our next meeting at UFT headquarters located at 52 Broadway in Manhattan.

Call us at (212) 598-7711 Monday through Friday between the hours of 10 a.m. and 6 p.m. if you have questions.

How Do I Join?

If you would like to be notified about our meetings and activities, please write to: The UFT Committee for Members Who Are Capably Disabled, 52 Broadway, New York, NY 10004, attention: Eugene Rubin, 15th Floor. Or you could call Gene at 212-598-7711 or send him an e-mail message at grubin@uft.org. Be sure to include your name, home address, school site, district, position and telephone numbers for home and work.