General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsFair hiring question
A good friend of mine is applying at a major University. She had an automobile accident a number of years ago and has rods and screws in her back and cannot lift over 20 pounds per her doctor. When looking at the University positions posted (over 100) every single one from a receptionist to a cart driver has a note that they must be able to live 25 pounds or they are not qualified.
I worked there for a long time with a back issue and it never seemed to bother anyone that I could not lift that much.
Does this sound like some type of institutional discrimination against anyone with a disability? Or are they trying to keep their health costs down by not hiring anyone with a back issue?
pkdu
(3,977 posts)datasuspect
(26,591 posts)it's a job requirement.
it's why you don't see so many paraplegic crane operators.
it's completely fair and just to have standards and requirements for job positions.
Ms. Toad
(33,997 posts)They can't just be applied across the board to all jobs with a particular employer.
byeya
(2,842 posts)It used to be, in a major American city, that a firefighter had to lift X number of pounds; run 1.5 miles in X number of minutes and related type abilities. They were sued on the grounds that running 1.5 miles was not directly related to the job(other tasks too). As part of the settlement, the firefighter was required to demonstrate job related things like: dragging X number of pounds of hose a set distance in a set amount of time; drag an unconscious person(a dummy really) X number of feet in fire simulated conditions; climb a two story ladder with X number of pounds of hose and accurately maintain the stream of water on target. All things that happen on fires.
So, yes in my opinion, if the job calls for lifting 25 pounds, then the employer can require it.
redstatebluegirl
(12,265 posts)it didn't appear on all positions a year ago, only things in Physical Plant, hauling things like that where you would expect they would need to lift and tote things . Now even a receptionist needs to be able to do that...
byeya
(2,842 posts)Can your friend go back to the doctor and see if he'll raise his ante to 25 pounds? And, then which exercises can your friend do to strengthen herself within the limits of her reduced ability?
redstatebluegirl
(12,265 posts)when I had mine, just had a second a few weeks ago, 20 pounds was kind of standard. She really needs a job, she has a Master's in education and is brilliant, but her husband left her and she has a daughter. The University is the best option with benefits and all for her and her daughter.
I already suggested she contact her doctor to see if he would up it to 25. I hope he will. She is applying for secretarial because she just needs a job with benefits right now.
redstatebluegirl
(12,265 posts)byeya
(2,842 posts)redstatebluegirl
(12,265 posts)when she had Abby, now here she is with a disability and no job. I helped her get a good attorney, but who knows this is a man state. She is terrified.
Sanity Claws
(21,841 posts)I don't see why all receptionists need to be able to lift 25 lbs.
Also the question lift from where to where; from waist area to overhead? from floor to waist?
It sounds to me like they really have not thought through the real physical requirements of their jobs if they list the same 25 lbs. requirement for all jobs.
byeya
(2,842 posts)can be of help.
Or is that laughable in this day and age?
redstatebluegirl
(12,265 posts)they are discriminating but under the law.... Working people and women have no rights.
Ms. Toad
(33,997 posts)There are very strong (and getting stronger) obligations on the employer under the ADA. One of the reasons the perceptions is that working people have no rights is that everyone just accepts what the employer says and employers who are acting in violation of the law are often not forced to comply because no one calls them on it.
Sanity Claws
(21,841 posts)Some state laws against disability discrimination may still have teeth, even if the federal law (ADA) does not.
As for your friend, what job is she interested in? If it is something like a loading dock, she can't do the job. However, if she wanted to be a receptionist, then I don't see why she should be required to lift 25 lbs. If something over 25 lbs is being delivered, she should be able to direct the delivery person to place the item on a hand cart or dolly, and she could push the item to wherever it is supposed to do.
redstatebluegirl
(12,265 posts)Sanity Claws
(21,841 posts)The actual duty is probably handling deliveries of up to 25 lbs. She can do this without lifting the item through a reasonable accommodation, such as a hand truck or dolly in the area on which the delivery person can place the item. She can then push it to its destination.
That would get the task done without lifting.
Ms. Toad
(33,997 posts)Ms. Toad
(33,997 posts)rather than fewer.
It used to be that one had to prove one was disabled (or perceived to be) under the statute - and the definition was interpreted extremely narrowly. A few years ago, in response to court decisions which kept narrowing the people protected, Congress rewrote the definition so that disability is closer to a presumption than the locked gate it had been at the entry to the workplace.
Ms. Toad
(33,997 posts)An employer cannot just randomly assign a 25 lb lifting requirement to every single job - it must truly be a necessary component of the specific job. Might make a nice test case - I'd suggest hooking up with the state or federal Equal Employment Opportunity division. If they are interested in making it a test case, it could be a big win for not only the person interested in the job - but others who have been unfairly discouraged from even applying.