Don't Use the Handicapped Stall--Really
By Tom Shoop | Friday, September 28, 2007 | 12:09 PM
By Tom Shoop | Friday, September 28, 2007 | 12:09 PM
Some Social Security Administration employees apparently can't take a hint. Even after an agency manager at the agency's Baltimore headquarters posted several signs on a restroom urging workers to be considerate and make sure that the handicapped stall was available to an employee who was actually disabled, on three different occasions the employee was denied access to the stall and ended up urinating in his pants.
Now, the Baltimore Sun reports, an administrative judge has ordered the agency to pay the employee $6,500 in damages.
The problem, the judge said, was that managers had not directly ordered employees to "refrain from using the wheelchair-accessible stalls if they were not disabled, or did not have a compelling reason to do so."
Update: I changed the sentence above because, as the alert commenter below notes, it should have said that managers had not issued direct orders to employees.
Comments
This of course is one of those things that is only controversial if it affects you directly. Like every time you need to use a facility at a sports event, restaraunt, or public event. 50 women in line at the ballgame for 10 stalls plus one handicap-access doesn't mean that especially the women with small children will leave it open so that someone in a wheelchair who might come in will have it available on demand.
Also, my favorite restaraunt has two stalls in their restroom - both handicap-access - does that mean I can't use either one of them because I have to leave them for someone who might come in? Even if no one in the restaraunt is in a wheelchair?
And don't even get me started on portapotties...
Michelle | Thursday, October 04, 2007 | 11:01 AMThese stalls are a requirement to have for the handicapped, and I agree with it due to the fact that some need wheelchairs to get around. However, they are not and should never be reserved for the handicapped. Unfortunately, due to all the liberals poeple expect more rights than others. We just need to be considerate in cases such as this.
Considerate | Tuesday, October 02, 2007 | 09:37 AMIf you think about, if Sen Craig had used an accessible stall, he wouldn't be in the trouble he is in.
Wide Stance Senator | Monday, October 01, 2007 | 02:02 PMA handicap person would have to wait if another was using the stall - so if a person cannot wait then there might be other issues. If the stall is in use, then the handicapped individual should get preference once it becomes available, but does that mean cutting in line if there is a line? I do not think that the intent is for those stalls to be left empty at all times, it is more like the Metro and the reserve seating by the doors - use it but give it up if someone needs it.
Common Sense | Monday, October 01, 2007 | 01:50 PMI draw the line on this one. You can wait in line like the rest of us. Now that being said if there is actually a line, then yeah the handicap person should jump in as soon as the guy in the handicap stall comes out even if there are other people infront of him.....BUT this should be a common curtesy thing, we should never put things like this into law.
When you get government involved it just makes things screwy. they tend to just make matters worse. people should just learn to be good people.
Btw for years people have fought against segregation...and all of a sudden people are embracing it?
The fact is that most of us will be disabled (at least temporarily) at some point in our lives. As we age, this is increasingly likely. And most of us have or will experience similar embarrassments in our lives, such as when our sons and daughters were learning to use the potty, or when our elders have yet to realize that they no longer have control over their bladder.
While it may be common to fear, stare and / or ridicule differences, the contribution of a productive citizen should be recognized no matter their color, race, religion, physical appearance and ability. This is what sets the U.S. apart from other countries in the world and what will keep us there. Each time we participate in, or are ridiculed, whether to our face or behind our backs we become more defensive, building up resentment, distrust and hostility toward our fellow citizens or peers. Consequently, people act-out in negative ways diminishing ourselves and our society; unless we choose a different behavior and a more positive means of expression.
While not everyone can be a sports star, model, movie star, genius, or politician for that matter; as some of us have to the best we can with what we have, we should honor our differences while working toward a better society. It is the American way to support truth and justice and allow individuals to pursue there happiness. Maybe we should support the dignity of the individual and empathize with their situation. Maybe we would consider walking an extra flight of stairs to use another restroom, particularly if someone else is in more dire need. Because when it comes down to it, whether caused by birth defect, car accident, sports injury, lapse in judgment, or an act of violence, terrorism or war, the circumstance that created the disability shouldn’t and doesn’t matter. That individual is a citizen of our country and afforded the same rights and responsibilities that you are. It is unfortunate that it took the courts to dictate that we are to behave with decency and accommodate uniqueness. And thank God and our forefathers that we have a system to help us when we refuse to help others. As always, the strong have a responsibility to help the weak.
There are a number of disabled people that have provided great contributions to our society including Albert Einstein, Alexander Graham Bell , Christopher Reeve, Thomas Edison, Franklin D. Roosevelt, George Washington, Marla Runyan (2000 Olympics), Michael Bolton, Robin Williams, Stephen Hawkings, Tom Cruise, Walt Disney and Woodrow Wilson to name a few. These strong individuals have helped society by contributing with what they have to offer, despite their disability. And while note every disabled person is going to attain this level of contribution in society, neither will most able bodied people. Yet, without our contributions, the contribution of the common class, able bodied or not, America wouldn’t be what it is today.
If this court decision helps one person retain their dignity, maintain their productivity and allow continued contribution to their family, society, and or the tax roles then I’m all for it. And I pray that none of you have to endure the physical and emotional discomfort or embarrassment of being different from those around you.
Repeal ADA? What the are you talking about. You must be one of those individuals who crawl underneath the handicap stalls and lock it from inside. There are thousands of vets and legitiment persons w/ disabilities who deserve those privilages. Prior to the ADA, there were no accomadations for the disabled..I once was told that if I walked up a flight of stairs that they would consider hiring me. Whats up with that.
So in response to your comments, please do not insult the many individuals who have come back from the wars who protected your sorry ass.
Annoyed
Comment to not-disable | Monday, October 01, 2007 | 11:43 AMBeing Handicapped is no Picnic in the park. In fact, I can't picnic in the park, but I bet all of those without hadicaps can. There are a lot of things I enjoyed before I lost the use of my legs and the feeling in both arms and some of my body trunk at 39. I have a genetic disorder that I didn't ask for, but have to live with. I know what the non-handicap world is like. Work is my life line to make a difference, but my physical environment had to have changes. Like a bathroom stall that would fit my wheel chair. Although I have never heard of an agency taking the stand that only someone who is handicapped can use that particular stall, maybe it was the one thing that person needed so that they could work instead of being on the disability roles. I for one, find working much more preferable, but I needed a larger office, electric plus higher up on the wall, voice-activated software for my computer and a parking space with room to open my passenger side ramp to get in and out of my adapted van with hand controls and more expensive changes so I can have the freedom to get to work. By the way, I paid for my van just over $75,000 due to those changes. Would you like to help me pay for it? Or if you would like, you can also share my annual medical expenses of over $30,000 after BC/BS pays their portion. Free close-up parking spaces isn't so free as you think when you need it to live. So until you can really understand my world, don't complain. Someday, you may be in a car accident and land up unable to walk or with a worse disability. Then you will suddenly discover why it is important to have protection under the law for those of us with disabilities. Until then, be glad that those of us who choose to work or not a tax burden to you and all we want is a parking space and a toilet.
CZyrkowski | Monday, October 01, 2007 | 09:27 AMAt the idiot behavior of Administrative judges.
People have to wait to use the facilities - handicapped or not.
Not surprised | Sunday, September 30, 2007 | 08:52 PMThe Americans with Disabilities Act (ADA) has created more "handicaps" the all recent wars.
Now everyone wants to be handicapped so they get reserved free parking, reserved toilets, special benefits at work, etc.
If the person is a disabled veteran, then I am all for it.
But if it is someone who is "handicapped" because they are old or fat or just lazy, then no special priviledges!
Most of the "nonwheelies" need the exercise. So their reserved parking should be at the far end of the parking lot, not by the door!
The ADA is anti-american!
Tired | Sunday, September 30, 2007 | 08:17 PMGood for the judge.
As someone who is disabled, I routinely find people using facilities they shouldn't. This occurs in government buildings including the VA Hospital.
I think I'll keep copies of this story on me for future reference - and use.
I've discovered since becoming disabled 10 years ago, that a majority of healthy people don't appreciate their health, and worse, don't care about those who aren't as fortunate!
E Lawton | Sunday, September 30, 2007 | 12:58 PMI always use handicapped stalls even if regular ones are available. There is more room in them.
If they can not wait, get a bag.
It is enough that they get free close in parking.
Tried of special people getting special treatment.
Repeal the ADA!
Not disabled | Sunday, September 30, 2007 | 12:58 PMThe managers should be asking why people prefer to use the handicap stall! Are there not enough toilets? Are the other stalls too small? I've had my share of small stalls, nearly having to stand on the toilet to close the door. It seems the people designing these stalls don't account for toilet paper dispensers and garbage tins hanging on either side, let alone a body of average size or larger! On the blueprint the door opens and closes and barely misses the toilets edge. Great! Where do YOU fit in this equation?
Turning 2 tiny and 1 handicap stall into 2 large handicap stalls is probably a better option. It's time that management starts to use their heads! Excuse the pun.
E. Downing | Sunday, September 30, 2007 | 11:39 AMAnd so, as a non-handicapped employee, if I go in there and all the stalls are filled, can I direct them to vacate them immediately so I can go? If all the stalls are filled except the handicapped one, I can't use it? Suppose there are no handicapped people in the building? Does it just sit there forever unoccupied?
Gotta go | Saturday, September 29, 2007 | 02:47 AMSlight typo in this item - the last sentence should be ". . . .was that managers had NOT directly ordered. . . ."
M. Stowe | Friday, September 28, 2007 | 03:43 PMABOUT THIS BLOG
Government Executive Editor Tom Shoop takes a look at news and events affecting the federal bureaucracy, from the perspective of a longtime observer of government.
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