Quote:
Originally Posted by RadioBlue
Allright, Jeff. Good discussion. You raise some good points, but you fail to recognize mine. Fine.
|
I recognize your point, I just do not agree with it. For one nothing we have discussed has been specifically litigated and neither you or I are lawyers in that field and I am sure some lawyers would disagree about how ADA would or would not apply in this situation. You know, the same disagreement that lawyers have about our liability with things we do on the field.
Quote:
Originally Posted by RadioBlue
The bigger point here is this guy has been told he's looking at the amputation of his arm if he takes a direct shot. To him, he's limiting the risk as much as possible in order to do something he loves. He's disappointed he can't move up, but I believe he's come to terms with it. There is nothing unreasonable about wearing a balloon protector and in my opinion shouldn't be denied an opportunity to advance. He has been told EXACTLY why he won't move up: not because he's not worthy, but because he uses a balloon protector. He's explained why he does and he's been told it doesn't matter. To me, that is a potentially discriminatory decision.
|
This is all interesting as you keep referring to a law that may or may not apply to this situation. For one you just said he cannot move up and did it ever occur to you that he cannot move up because of his abilities and not what equipment he might use? Better yet he is umpiring right? So how has he been discriminated to umpire? He might not move up for all kinds of reasons and the balloon protector might be a factor, but it certainly does not have to be the only factor. ADA also covers people that are considered obese as well and I doubt that would be an excuse for being able to umpire or move up as you seem to suggest. Your friend has decided to only use that method to protect his arm as opposed to other methods that I suggested or might have been suggested to him. I doubt seriously that is an ADA issue when he has other options. But hey, why not have him file a lawsuit, but that might mean other things are revealed about why he is not moving up. Most people are not honest with themselves when it comes to that issue anyway about why they are not moving up. Just because you say that is the reason does not make it so.
Quote:
Originally Posted by RadioBlue
There's a term in the ADA called "Reasonable Accomodation." You should look it up. That would help you understand why your unrealistic and unreasonable (i.e.: to use your word, "laughable") scenarios do not apply.
|
I do not need you to tell me what to read unless you are a lawyer or you have litigated these cases personally or your friend takes this to court. You have no idea what a court might say about his situation and just saying that someone must use a balloon protector is not going to be the end of such a case. The court would explore if this guy had other options. And your friend umpires so I am trying to figure out how he has been discriminated against.
Peace