FIRMLY EDUCATING THE UNINFORMED ABOUT THE ADASharon R. Brinks, J.D., Grand Rapids, MI 49546 Copyright, Sharon R. Brinks 1992: No part of this Paper may be reproduced without the written permission of the author, which will be freely given to all non-profit or educational organizations upon request. I. THE SCOPE OF THE WORKSHOPBringing the real world into compliance with the ADA - no one expects an entirely smooth process. This workshop will be about achieving results through the ADA, about making the act work in line with the goals it was meant to accomplish and accomplishing your own personal goals. What can you do when you run into an uneducated, or perhaps even rudely uninterested, individual or organizations? Some people need to be firmly enlightened about the law. This session is not about the ADA itself it presumes a basic working knowledge of the provisions of the act, although everyone generally has additional information worth sharing from their own experience. That information will be welcomed, but will not be the focus on the workshop. Not everyone agrees what every section of the Act really means in application to "real life". We will not get bogged down in specific solutions, but focus instead on how to achieve goals. The session is about making the most of what we know to solve difficult situations. The workshop will be led by an experienced attorney from Michigan. In 1990, Michigan implemented a state version of many of the principles of the ADA, so the discussion has moved from the abstract to daily life with some interesting results. For example, how do the ADA and workers' compensation tie together? The time spent will be divided between knowledge shared by the session leader on the topic, and group application of that knowledge. Ten practical steps will empower participants to resolve problems. There will be "hands on" conflict resolution, using either composite cases from counsel's files or situations from the experience of the participants. II. TEN PRACTICAL STEPS FOR FUTURE REFERENCEASK: What Do I Really Want? "Don't Fight with Fuzzy Goals" 1. Look at yourself honestly.
2. Set the target (optimal) goal.
3. Know the unacceptable result & the acceptable compromises. ASK: What are my rights? "Keep the Legal and Moral High Ground". 4. Become an expert on all of the law - federal & state.
5. Know where to find available resources & support - legal & technical. ASK: Who can give me my goal? "Who holds the Keys to the Kingdom?" 6. Research the opposition: (a) How do they want the public to perceive them? (e.g. corporate brochure & employment manuals.)
(b) What do they really care about? Look at their track record. 7. Analyze the power structure. ASK: What is my plan? "What Is the Shortest Route Between Two Points?" 8. Formulate a plan of action, including planning for failure: (a) Be prepared for the practical problems as well as the abstract legal questions.
(b) The value of "brainstorming"; prepare your support network.
(c) Is there a "win/win" solution?
(d) A plan for failure - document, document, document. 9. Set an acceptable/realistic timetable. Back to Articles
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