[thelist] targeting effectively

martin.p.burns at uk.pwcglobal.com martin.p.burns at uk.pwcglobal.com
Tue Mar 26 04:36:01 CST 2002


Memo from Martin P Burns of PricewaterhouseCoopers

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Subject:    Re: [thelist] targeting effectively


>----- Original Message -----
>From: "Ben Dyer" <ben_dyer at imaginuity.com>

>The key words in your post were "public accommodation"

only if you ignore the rest of that paragraph - requoted with emphasis:
"The ADA prohibits discrimination and ensures equal opportunity for persons
with disabilities in employment, State and local government services,
public accommodations, ****commercial facilities***, and transportation."

I believe that transportation is largely private enterprise also.

>And again, there is no precedence for a website not being accessible and
>being sued successfully.

So your argument is "yeah we'll break the law but they'll never catch us".
Great! Can I skim micro amounts off bank transactions then?

>The buildings I live and work in do not have a ramp nor an elevator.  Does
>that mean the building owners will be sued under the ADA?  Doubtful.

Are they liable? Probably.

>Secondly, If I am in this building and I hire a person with a
disability...
>lets say they are wheelchair bound.  If I hire them, is it my problem, the
>building owner's problem, or the employee's problem that they can't make
it
>up the stairs?

It's your legal obligation to ensure that their working environment is
accessible, so your requirement to pass on the request to the building
owner. If they don't comply, then it's both their liability and your
obligation to find an alternative accessible working location for your
employee. This could be at their home btw...

>And if I make a product that only works on IE 5.5, and an employee comes
and
>says "well, I only use lynx", does that mean I am liable for not providing
>them with a lynx-ready version?

If they're only *able* to use lynx, yes.

Erik, if you're an employer with a cavalier attitude to employment
legislation then you have no business employing anyone.

Cheers
Martin


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