I was recently called about having to live up to the standard of the Arizona Department of Corrections even though I have reasonable accomodations to take part in the hiring process. My question is, Can state agecies supercede the federal government such as in a federal mandate to provide reasonable accomodations for individuals with disabilities under the Americans with Disabilities Act to perform at the same level with individuals without a disability. I really want to be a correctional officer and am trying to gather intel before making eratic decisions. I saw this guy with MS that is suing the New York Police Department for 3 million dollars for not even allowing him to enter into the academy. I have pasted the article below. Any input to this discussion would be greatly appreciated. Thanks!
It seems to depend upon how much money you have and if you have a good disability lawyer to fight for you. The result of that lawsuit is ???? bizzare. We seem to be living in an age of fear that is overcoming any thought. If we live long enough we will grow old! I think statistics will help here, like how many persons with ms work in law enforcement, how long, how many scientists have ms, how many working md's. I havent looked on nmss.org for any stats like that. Maybe it is like the old taboo of down syndrome persons not permitted to marry. Perhaps the danger is great, but police officers who do not have ms have made some stupid choices so maybe humans ought not be police. You picked a tough one to fight. Maybe a lawyer is a good choice, you can fight for logic over ignorance. If I find anything relevant I will post it.
Thanks for your post! I will continue to fight. The Americans with Disabilities Act protects my rights to work any job with the Department. The AZ Department of Corrections has many jobs. I do not have to be a guy standing all day in the yard, supervising inmates and when a fight does break out have to break it up. The guy in New YORK wants to be a police officer not a correctional officer which I believe is more hectic by chasing down suspects. AZ Department of Corrections is more controlled and less sporatic. I do not even have to carry a gun on duty. Well see how this all goes down. I am testing on Tuesday, October 11th, 2016.
This is a very interesting topic and I would like to know the answer to this as well. They may be concerned for your safety if you can't perform at the same level as the other CO's. Consider this: if a blind man wants to work at a cab company driving a cab would they hire him? While he's protected by the ADA this is simply not a job he can perform safely. I don't know. I think there is a fine line.
Thanks for responding. My issue is having reasonable accomodations. With reasonable accomodations I can perform all the duties required of a CO. AZ department of Correction even has a non discrimination policy that reads reasonable accomodation employer. I worked at the Calcasieu Parish Sheriffs office as a correctional deputy and know how the job works. I have a lawyer already lined up that handles reasonable accomodations cases.
Hi gogginb81, Please call our Information Resource Center at 1-800-344-4867 to speak with one of our Benefits and Employment Navigators. They should be able to give you guidance on this area or at least able to point you to the right resource to find out about your rights.
MS Navigator Ashley
I work in law enforcement for the federal government. I can tell you the federal government will make every argument of why you can no longer be employed with them. They make your life hard hoping you'll leave. I have an employment attorney and we have been fighting them for 4 years. I'm not new to law enforcement, I've worked for my agency for 20 years in a couple of months. They just do not like dealing with a person with a disability. I work with 95% men and I can do everything they do. So in my case it's just a matter of an employer not wanting to deal with a disabled person. I don't know if that helps....
I have been through hell and back just to get this far in my life. 2 things never give up and have a sense of humor. I have one for you right now, why is life so short? It's only 4 letter how much shorter can it be. 😎😄