US Navy Settles Discrimination Claim by Blind Employee: Educational Assistant to Receive $100,000
Mary Carla Flood had worked for the United States Department of the Navy as an educational technician for only a day and a half when she was summarily fired. She had done nothing wrong, but human resources officials felt constrained by the results of her physical. That physical had revealed that she was legally blind, a fact that was obvious to the personnel who hired her on the spot at her job interview (Ms. Flood sometimes uses a white cane to navigate, and reads with reading glasses or uses large print). But the physician, based on the Navy’s medical certification form requiring all educational technicians to have “normal vision in both eyes,” as well as to have both hands and both legs, recommended Ms. Flood be terminated.
The Navy has now settled the discrimination suit that Ms. Flood brought after her firing. A significant factor in the settlement negotiations was the expert report of Carla McQuillan, a blind Montessori teacher and owner of Montessori schools. “I have been in this field since 1980 and have observed countless blind and visually impaired individuals work in childcare and early education settings, not to mention my own direct experience. There is absolutely no evidence that blind and visually impaired childcare workers and early education specialists are any less competent or safe than those who are not blind or visually impaired,” said McQuillan.
Ms. Flood will receive $100,000, and the Navy has also agreed to enter into discussions with the National Federation of the Blind, which assisted Ms. Flood with her case, to develop nondiscriminatory employment practices with respect to blind people.
“By far the greatest barriers to the employment of blind people are low expectations and misconceptions about our abilities,” said Mark Riccobono, President of the National Federation of the Blind. “In spite of its legal obligation to implement affirmative action to hire employees with disabilities, the United States Navy is clearly trying to avoid hiring qualified individuals with disabilities. The National Federation of the Blind knows that blindness is not the characteristic that defines blind people, and we seek to convey this truth to all employers. We look forward to working with the Navy to ensure that its current and future blind employees do not experience discriminatory treatment.”
“When I was hired by the Navy on the spot, I was thrilled and excited to have a full-time job working with children. But when the Navy then fired me just as quickly because they just assumed blind and visually impaired people could not work with children, it was absolutely devastating. I am relieved that this case has settled and my rights have been vindicated,” said Mary Carla Flood.
Lawsuit Brings Equity to Blind Voters Registering to Vote: Settlement Is Most Comprehensive Ever to Make Voter Registration and Election Information Accessible to Millions of Blind Voters
Blind voters in New York will now have access to websites operated by the State Board of Elections (BOE) and the Department of Motor Vehicles (DMV). In a settlement just reached by blind voters, advocates, and the two state agencies, the BOE and the DMV have agreed to ensure fully accessible voter registration by the end of 2019. The agreement resolves a lawsuit brought in 2016 by the National Federation of the Blind, the Center for the Independence of the Disabled, New York (CIDNY), and two individual blind plaintiffs, Eva Eason and Meghan Parker. The plaintiffs were represented by the American Civil Liberties Union Disability Rights Program, Brown Goldstein & Levy, LLP, and Disability Rights Advocates.
Plaintiffs in this lawsuit had tried repeatedly to register to vote online, a process that should be both easier and more confidential than a trip to the DMV. However, both websites presented barriers to those who use screen-reader software, a common type of assistive technology that allows blind users to hear text and navigate websites. Other portions of the DMV and BOE websites were also inaccessible, including important information on polling places, election information, and voting results.
Eva Eason, plaintiff, said, “I am thrilled that we have settled the suit and increased understanding of the importance of accessible web formats. It is my fundamental right to access and navigate websites as freely as my sighted counterparts. No voter should be overlooked by the state. Every vote must count. This is long overdue.”
Blind Employee Settles Lawsuit against Miami-Dade County Public Schools: School System to Make Websites and Software Accessible
Janice A. Bartleson, PhD, a blind counselor and emotional/behavioral disabilities clinician employed by Miami-Dade County Public Schools (M DCPS) for more than twenty-seven years, has settled the lawsuit she filed against the school board last spring with the support of the National Federation of the Blind. Dr. Bartleson brought the lawsuit because she was unable to use the school system’s websites, web forms, and software applications that were inaccessible to her.
A federal court has approved a consent decree requiring M-DCPS to make all existing websites, forms, and software accessible; to procure only accessible software in the future; and to take other steps to ensure the full inclusion of blind employees in school programs and activities. The school system will also pay a total of $250,000 to Dr. Bartleson and her attorneys.
Like other blind people, Dr. Bartleson accesses information on her computer using screen-reader technology, which renders digital content as spoken words using synthesized speech or by displaying it on an attached refreshable Braille display. Improperly coded websites and software prevent screen readers from accurately verbalizing critical information, such as what information must be typed into an edit box on a form. Dr. Bartleson’s lawsuit alleged that she was forced to rely on irregular assistance from a sighted coworker to perform tasks as basic as inputting student progress notes and accessing her own employment benefit information. Furthermore, she knew that she could not apply for promotional opportunities given the inaccessible software utilized by M-DCPS. The consent decree requires all websites, web forms, and software used by M-DCPS to be made accessible within four years, with priority given to the specific technology that Dr. Bartleson must use on a daily basis. In the meantime, Dr. Bartleson will have scheduled, dedicated assistance to complete the tasks for which she must use inaccessible webpages, web forms, and software.
“Equal treatment and equal opportunity in the workplace also means full and equal access to technology,” said Mark Riccobono, President of the National Federation of the Blind. “Making on-the-fly accommodations after inaccessible technology is put in place is neither adequate nor lawful. The National Federation of the Blind therefore commends the Miami-Dade County Public School board for committing to a fully accessible workplace, and we look forward to our collaboration with the school board to make this a reality. We will continue to fight for the rights of all blind employees until artificial barriers to inclusion and success no longer threaten the dignity and livelihood of blind workers.”
“This consent decree means a great deal to me personally, but it is also a critical step toward the creation of a level playing field for blind employees of M-DCPS,” said Dr. Bartleson. “I also hope and believe that it will lead to equal access for blind students of the school system and for blind parents with children attending school in Miami-Dade County.”