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Old 06-20-2008, 11:27 AM
 
Location: Albany, GA (Hell's Waiting Room)
602 posts, read 1,958,946 times
Reputation: 287

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Quote:
Originally Posted by karfar View Post
Um, it's required sweetie, it's called the Americans With Disabilities Act, you might want to look it over.
Um...We're all pretty much aware of the Americans With Disabilities Act, thanks so much. Even that Act, however, has limitations on what is and is not considered a "disability". NOBODY is disputing the law; we're talking about practicalities. NOBODY has suggested barring the handicapped from beaches, or making access to them impossible or difficult. The example given, if you read it, was that of a facility with a specific use, which was all but inaccessible to most people (particularly those with no reason to be there) whether they were disabled or not.

There are such things as Bona Fide Occupational Qualifications (BFOQs) which legitimately bar people who are physically or otherwise impaired, from holding those jobs. So you wouldn't have a blind, deaf, quadriplegic neurosurgeon or jet pilot, not because anyone is trying to be mean to the handicapped, but because their disabilities effectively hampered them from performing the tasks involved. BFOQs are pretty well defined and are not blanket reasons for excluding people; the burden of proof lies with the employer.

Both BFOQs and the ADA make it clear that an employer's essential business must not be destroyed or nullified by undue hardship that would result from accommodating designated employees.

Last edited by FlourChild; 06-20-2008 at 11:55 AM.. Reason: Cutting and pasting screwed up one of the sentences; fixed it to be clearer.
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Old 06-20-2008, 11:45 AM
 
3,414 posts, read 7,131,890 times
Reputation: 1467
Quote:
Originally Posted by FlourChild View Post
Um...We're all pretty much aware of the Americans With Disabilities Act, thanks so much. Even that Act, however, has limitations on what is and is not considered a "disability". NOBODY is disputing the law; we're talking about practicalities. NOBODY has suggested barring the handicapped from beaches, or making access to them impossible or difficult. The example given, if you read it, was that of a facility with a specific use, which was all but inaccessible to most people (particularly those with no reason to be there) whether they were disabled or not.

There are such things as Bona Fide Occupational Qualifications (BFOQs) which legitimately bar people who are physically or otherwise capable of performing a job, to hold those jobs. So you wouldn't have a blind, deaf, quadriplegic neurosurgeon or jet pilot, not because anyone is trying to be mean to the handicapped, but because their disabilities effectively hampered them from performing the tasks involved. BFOQs are pretty well defined and are not blanket reasons for excluding people; the burden of proof lies with the employer.

Both BFOQs and the ADA make it clear that an employer's essential business must not be destroyed or nullified by undue hardship that would result from accommodating designated employees.
Well Flourchild, you couldn't be any more clear then that. Let's see if it has any effect on the conversation. I'm betting NO...
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Old 06-20-2008, 11:55 AM
 
Location: um....guess
10,503 posts, read 15,535,921 times
Reputation: 1836
Quote:
Originally Posted by FlourChild View Post
Um...We're all pretty much aware of the Americans With Disabilities Act, thanks so much. Even that Act, however, has limitations on what is and is not considered a "disability". NOBODY is disputing the law; we're talking about practicalities. NOBODY has suggested barring the handicapped from beaches, or making access to them impossible or difficult. The example given, if you read it, was that of a facility with a specific use, which was all but inaccessible to most people (particularly those with no reason to be there) whether they were disabled or not.

There are such things as Bona Fide Occupational Qualifications (BFOQs) which legitimately bar people who are physically or otherwise capable of performing a job, to hold those jobs. So you wouldn't have a blind, deaf, quadriplegic neurosurgeon or jet pilot, not because anyone is trying to be mean to the handicapped, but because their disabilities effectively hampered them from performing the tasks involved. BFOQs are pretty well defined and are not blanket reasons for excluding people; the burden of proof lies with the employer.

Both BFOQs and the ADA make it clear that an employer's essential business must not be destroyed or nullified by undue hardship that would result from accommodating designated employees.
Hmm, thanks for the unneeded details. However, if you remember 123's earlier post, he had a problem w/bowing down to people w/disabilities, you know, he thought it was a hardship that businesses should have to provide accessible entrances & whatnot for them. I guess you think that's acceptable?
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Old 06-20-2008, 11:56 AM
 
Location: Albany, GA (Hell's Waiting Room)
602 posts, read 1,958,946 times
Reputation: 287
Quote:
Originally Posted by laysayfair View Post
Well Flourchild, you couldn't be any more clear then that. Let's see if it has any effect on the conversation. I'm betting NO...
I bet "No" as well, but I had to try.

I did notice that one of the sentences in my post was wonky (due to cutting and pasting while composing it) so I fixed that.
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Old 06-20-2008, 11:58 AM
 
Location: Albany, GA (Hell's Waiting Room)
602 posts, read 1,958,946 times
Reputation: 287
Quote:
Originally Posted by karfar View Post
Hmm, thanks for the unneeded details. However, if you remember 123's earlier post, he had a problem w/bowing down to people w/disabilities, you know, he thought it was a hardship that businesses should have to provide accessible entrances & whatnot for them. I guess you think that's acceptable?
Oh, so if they contradict you, they're "unneeded details". I pretty much knew you'd come up with THAT. You'd rather throw around terms like "Americans With Disabilities Act", snottily suggest we need to look into it, and then brush it aside when we DO? Debate team captain, were we?
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Old 06-20-2008, 11:59 AM
 
3,414 posts, read 7,131,890 times
Reputation: 1467
Quote:
Originally Posted by FlourChild View Post
Oh, so if they contradict you, they're "unneeded details". I pretty much knew you'd come up with THAT. You'd rather throw around terms like "Americans With Disabilities Act", snottily suggest we need to look into it, and then brush it aside when we DO? Debate team captain, were we?
LOL! They won't let me rep you again!
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Old 06-20-2008, 12:03 PM
 
Location: Albany, GA (Hell's Waiting Room)
602 posts, read 1,958,946 times
Reputation: 287
Quote:
Originally Posted by 123cop View Post
Karfar and Reads2much,

I have zero problems with gays. They are born with it. No one chooses to be gay. It's a tough life to live and I feel sorry for them. But we should embrace it? We should shove it down the throats of our children in Jr. High health class?

People who are handicapped.. it's sad. It's awful. But we should require all building owners to put in million dollar elevators thus putting many businesses out of business. Way way way too many handicapped parking spaces take up valuable land.

I'm all for helping the poor.. the weak.. but my point is we go WAY WAY overboard. We shouldn't glorify homosexuality. Accepting is ok.. Glorifying is going overboard.

We should require buildings to put in ramps for handicapped people who must access the building. We should not put hundreds of thousands of businesses out of business because they can't afford million dollar elevators for handicapped people that probably will never come to the building. Ramps and some elevators for handicapped people who must access the building is ok, requiring everyone to do it and putting thousands of businesses out of business is going overboard.

Giving out scholarships to minority students is a great way for minorities to make up for some of the disadvantages they face. Turning away bright young white kids from masters and doctorate programs to fill a minority quota is just plain wrong.

Again, I'm not evil. I feel incredibly sorry for the weak. We need to help them out. But America is so PC that we go way way overboard in doing so and the majority often suffers.
Hmm. I think he (she?) clarified things pretty well here.
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Old 06-20-2008, 12:07 PM
 
Location: um....guess
10,503 posts, read 15,535,921 times
Reputation: 1836
Quote:
Originally Posted by FlourChild View Post
Oh, so if they contradict you, they're "unneeded details". I pretty much knew you'd come up with THAT. You'd rather throw around terms like "Americans With Disabilities Act", snottily suggest we need to look into it, and then brush it aside when we DO? Debate team captain, were we?
Interesting, I do believe I wasn't even speaking to you at all in this thread, or at least not regarding 123's posting about handicap accessibility. And I'm sure you knew I'd come up w/my post, you are ever so smart! Why so defensive?
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Old 06-20-2008, 12:07 PM
 
Location: Pinal County, Arizona
25,100 posts, read 39,192,356 times
Reputation: 4937
Re ADA requirements: The requirement to retrofit a building has long since past - so the law is not "forcing" anyone to spend money to "put in" an elevator or ramps.

Multi story buildings, being built new, put in elevators as a normal course of design - and, they are not only for those with disabilities.
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Old 06-20-2008, 12:09 PM
 
Location: Albany, GA (Hell's Waiting Room)
602 posts, read 1,958,946 times
Reputation: 287
Quote:
Originally Posted by karfar View Post
Interesting, I do believe I wasn't even speaking to you at all in this thread, or at least not regarding 123's posting about handicap accessibility. And I'm sure you knew I'd come up w/my post, you are ever so smart! Why so defensive?
Not sure where the "defensive" comes in, but the "I'm not talking to you, neener neener" bit is HILARIOUS. My mom came running in here to see what I was laughing about!
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