Woman gets fired after employer figures out she’s blind
June 19, 2010 • 19 Comments • Posted in blindness, UncategorizedI swear, when I first heard about this I thought it had to be a story from The Onion. A federal judge here in Chicago has entered a consent decree requiring a company to pay $100,000 to a woman whose job offer was revoked after the company’s owner realized she is blind.
How did this happen? Did the woman apply on line? Was she hired, ahem, sight unseen? Was the owner simply not paying attention when the blind woman showed up for the interview? Was she interviewed over the phone?
According to a (subscription only) story in the Chicago Law Bulletin, Jocelyn Snower was hired as a recruiter by the owner of Balance Staffing and had already worked a couple of months before the owner realized she doesn’t have 20/20 vision.
“What’s unique about Jocelyn is that she’s legally blind, but she doesn’t use a walking stick or guide dog, or anything like that,” { trial attorney Laura R. }Feldman said. “When I first met her, I had no idea she was blind.”
The EEOC attorneys said Snower started working for the staffing company in June 2006 and that on Aug. 9, 2006, she received notification that her job offer had been revoked. They contended that the owner of the staffing company found out through another employee that the woman was blind, specifically that she couldn’t drive.
Okay, let’s review. This woman had gone through the application process, passed the interview, was offered the job, and had worked for two months. She must have been capable, right?
“It’s the EEOC’s position that she did not need to drive for the job — that there’s great public transportation, and she takes public transportation,” Feldman said.
{ EEOC supervisory trial attorney Diane I.} Smason said the woman served as a recruiter in the past at other companies, and she had already proved to be a capable recruiter despite her disability.
The EEOC alleged that the owner revoked Jocelyn’s job offer the minute he found out she was blind, even though she had already started recruiting for him. The EEOC further alleged that the defendants refused to pay Jocelyn wages for hours of work that she already performed, because of her disability.
I didn’t use a white cane or a guide dog when I first started losing my sight. I quit driving or riding my bike, but I could still see well enough to walk to work. Most of my day was spent counseling college students on study abroad options, I could have done that with my eyes closed. As my eyesight got worse, though, I started making mistakes in the office. I still remember spilling grounds all over the place on my way to make the morning coffee. I had to sit close to my computer screen to see the words. I ran into tabletops. At one point my boss took me aside and told me I wouldn’t be going to the annual convention with my colleagues. “You’ll embarrass the office,” she said. Months later, my contract was terminated.
But that was way back in 1985, before the Americans with Disabilities Act was passed. This is the 21st century. An employer today would never dream of firing someone simply because they couldn’t see well enough to drive, would they?
The defense, which denied the allegations, was represented by Seyfarth, Shaw LLP partners Gerald L. Maatman Jr., and Christopher J. DeGroff, along with associate Brandon L. Spurlock. They could not be reached for comment.