Blind Woman Wins, But Wins What?

Blind Woman Wins, But Wins What?

Blind Woman Wins, But Wins What?

by Linda L. Rhinehart

From the editor: I received the preceding article several months ago and decided to

include it in this month's issue. Then, a few days ago, I received the following piece

from Linda Rhinehart. Although the case she describes was against an educational

institution rather than an employer, it provided a heartbreaking illustration of Greg

Trapp's point. Linda is a fairly new Federationist. She is a member of the Capital Chapter

of the NFB of Pennsylvania, itself a new part of the Federation family. It is good to know

that at least now Linda is receiving support and advice from Federationists. Here is her

story:

I wrote this article about an event that has consumed my life for almost five years. I

wanted to share it with my fellow Federationists in order to get a horrible event off my

chest, perhaps to find others who have been through a similar experience, and to warn

those who may face a similar problem in the future.

I have been blind for thirteen years as a result of a drunk driver's getting behind the

wheel. I have learned to deal with bad treatment from some folks in society. In January,

1993, I entered York Technical Institute to receive an education and to earn a degree in

specialized business/computerized accounting. Nothing prepared me for the events that were

to follow. The very first day my instructors began making annoyed remarks about my talking

equipment. They did not approve of my readers, and from that day until I graduated they

made faces, called me names, and made my experience as difficult as possible. I worked my

way through the entire chain of command and never once received resolution of my ongoing

problems with the instructors. I was forced to sign a waiver stating that the school was

not responsible for job placement assistance because of my physical disability. I finally

concluded that my only recourse in the face of the bizarre treatment I received because of

my blindness was to file a lawsuit. From start to finish this lawsuit took four-and-a-half

years, a lot of paperwork, and a lot of visits to professionals to prove that I was blind.

We also had to compute lost wages and the many other damages we were claiming in the suit.

My attorney requested all this, and at great cost I supplied it. I grew increasingly

aggravated because I continued to hear negative and derogatory remarks about blind people.

The defense attorneys kept asking for continuances, and once a judge even lost my case

file on his desk. In the end we were ordered to arbitration with a professional mediator

from Philadelphia. As far as I could tell, she ran her courtroom fairly. She even

requested my attorney to pay close attention to the closing portion of her briefing. This

led me to believe we had presented our case well. By the way, I can assure everyone that

legal deadlines mean nothing when you are the plaintiff. When I complained to my attorney

that several steps in this case had gone past their deadlines, I was told there was

nothing we could do.

So what was the final result—the result we had to demand after the mediator asked

for an extension and exceeded the extension by two more days? Her final report was only

one page long. It found on behalf of the plaintiff under the Pennsylvania Human Relations

Board and under the fraud, discrimination, and breach of contract clauses. The damages

awarded to me as the plaintiff were, and I quote, "No monetary damages awarded;

defendant will offer plaintiff job placement assistance and re-education at any time in

the future."

I cannot express my anger and pain at this decision except to say that I instantly went

numb. I had prepared an ironclad case against the school at the cost of tens of thousands

of dollars that I still owe and may never be able to completely repay because the only

work I have been able to secure is in a sheltered workshop. I graduated from York

Technical Institute with honors, and still they would not provide me the services offered

as a matter of course to my non-disabled peers. The original contract stipulated that as

an alumna I was to receive the services the arbitrator awarded me in the settlement. I

find it appalling for an arbitrator to say that the defendant is guilty of all the

charges, especially discrimination and belittlement, yet refuse to penalize the

institution for such behavior. In other words, enforcing the original contract agreement

is sufficient.

The message delivered by this case and this arbitrator is clear: institutions of higher

education can belittle and discriminate against blind people and get away with it. I ask

myself today whether or not this lawsuit was worth the time and money I have spent and

will continue to spend on it. The answer is: not unless my story is told to warn others

about our legal system and how it can sometimes fail us.

Because my case went to arbitration, I can never appeal it. I ask my fellow

Federationists to write to me with similar situations, job leads, or suggestions about

financial assistance. Write to Linda Rhinehart, 50 Saginaw Road, Mt. Wolf, Pennsylvania

17347. You may also call me at (717) 266-5877. We the members of the National Federation

of the Blind must stop discrimination like this from taking place. We can only do it by

working together.