'Physical requirements' in Ann Arbor city administrator job description are discriminatory, group says
A group that advocates on behalf of people with disabilities is claiming the city of Ann Arbor's "physical requirements" to become the next city administrator are discriminatory.
Carolyn Grawi, director of advocacy and education at the Ann Arbor Center for Independent Living, said her nonprofit group is taking issue with requirements stated in a job description posted on the city's website, saying it violates the Americans with Disabilities Act.
"I think that the U.S. Justice Department would also take issue," Grawi said, calling the stated physical requirements non-essential to performing the city administrator's job.
City Administrator Roger Fraser is retiring today from city government to take a new job as deputy state treasurer. Here he stands on the job, a stated requirement to serve as city administrator.
Ryan J. Stanton | AnnArbor.com
A stated requirement in the posted job description is "the physical ability to walk, stand, stoop, bend, reach, pull, push, lift, finger, feel, grasp, talk, see, hear and perform repetitive motions." It also says the person must have a valid driver's license.
- Click here to download the job description.
Grawi said she doesn't understand why someone in a wheelchair who doesn't drive a car can't perform the essential duties of a city administrator.
"That whole piece about bending and stooping, never have I seen anybody write that into a job description at an administrative level," Grawi said. "It's kind of laughable."
Representatives of the city's human resources department could not be reached for comment. Grawi said she has traded e-mails with HR Director Robyn Wilkerson and is hopeful the situation can be resolved without having to file a formal complaint.
As of Thursday afternoon, the city still hadn't posted an official advertisement for the job, though it did have the job description on its website. Wilkerson told Grawi in an e-mail shared with AnnArbor.com that the city would be open to making modifications.
"What we're pursuing is to have people with disabilities have the same equal access under the law," Grawi said. "We don't want to fight the city on this. We want to work with the city on this."
The ADA prohibits discrimination in all employment practices, including job application procedures and hiring. It also applies to recruitment and advertising.
According to the U.S. Department of Justice, if an individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform the job functions with a reasonable accommodation.
The city administrator's job description states that reasonable accommodations may be made to enable individuals with disabilities to perform the essential duties. But Grawi and her group still don't believe the stated physical requirements are essential to performing the job.
The job description states the physical demands outlined "must be met by an employee to successfully perform the essential duties of this job."
The requirements more specifically include the physical ability to move and lift light objects up to 30 pounds, "such as mail, supplies and files." Operating office equipment requiring continuous or repetitive movements also is mentioned, along with the ability to exert up to 10 pounds of force occasionally or a negligible amount of force frequently.
Grawi said she has reviewed a number of job postings on the city's website and believes the city too frequently requires having a driver's license for jobs — such as a currently posted day camp counselor position at Fuller Pool — when it may not be essential.
"We have a governor in the country who is blind. We have a mayor of another city who is in a wheelchair," she said. "It's not stopping anybody from achieving."
According to the city's website, the Ann Arbor Commission on Disability Issues meets on the third Wednesday of every month. Its stated vision is "an Ann Arbor whose facilities, programs, businesses and organizations are accessible to persons of all abilities, and where inclusion and full-and-equitable participation in community life are available to everyone."
Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's e-mail newsletters.
Comments
f4phantomII
Mon, May 2, 2011 : 5:24 p.m.
Our city has again demonstrated its cluelessness with regard to the ADA. I wonder how many other job description have similar violations.
Cici
Sat, Apr 30, 2011 : 8:51 p.m.
@ say it plain I agree this is discrimnation!!! Volunteer fire fighting calls? Now thats where job descriptions should require personnel to be and KEEP in physical shape! Ditto for police. Now I don't think that would be discriminatory considering all the comments lately about cutting staff in these departments. No such requirement about weight, pot bellies, cardiac problems, ability to lift 50 pounds etc.?? For "these fine young men" as one commenter awhile back referred to them. Long term employees in these departments - desk job or not - should have to meet such requirements then and all continue to do so, so they can perform their jobs. Are the same requirements referred in the above job description also in those for every city job position?
Ron Granger
Sat, Apr 30, 2011 : 1:43 p.m.
"Grawi said she doesn't understand why someone in a wheelchair who doesn't drive a car can't perform the essential duties of a city administrator." A city administrator is highly compensated, and we need and expect them to be exceptionally productive. We expect them to be not just above average, but *exceptional*. You should look at their schedule and say "WOW, that person gets stuff DONE! They get an amazing amount done!" "You should see them hustle from meeting to meeting!" Can people in wheelchairs hustle? Absolutely! There are people in wheelchairs who are in *far better* shape than average people, and who average people couldn't keep up with. So let's talk about meetings. Let's say 5 short meetings, in 5 different places, in an hour. It is easy to see how important being able to drive a car is. How getting between meetings quickly is key. You can make up any time dimensions you'd like - the specifics aren't important. And, let's be clear - camping in an office and conducting those meetings by phone is no substitute for face to face. Maybe the requirement needs to be the ability to get to a certain number of meetings quickly? And if you can do that in a wheelchair, in the rain and snow, day in and day out, fine. Maybe there is the requirement to do business in places that are not fully accessible? Like construction site visits?
Cici
Sat, Apr 30, 2011 : 8:57 p.m.
In this technological age, meetings can easily be done by video conferencing!! What ever happened to "Go to Meeting" on a PC?? This would safe a LOT of time (and gas!)
KJMClark
Sat, Apr 30, 2011 : 12:05 p.m.
She's right. I hope the City drops those requirements before it goes to court. Those make some sense for the police or fire chief, but not the administrator. We should also revisit the driver's license requirements. If driving a motor vehicle on a regular basis isn't part of the job, there shouldn't be a requirement. Just another anachronism from the 1950s.
oldblueypsi
Sat, Apr 30, 2011 : 10:45 a.m.
So the City of Ann Arbor is looking for someone with a bachelor's (but preferably a master's) degree in public administration, with prior experience, who is expected to stand at a copy machine making copies. Just what is the compensation for this highly qualified copy clerk? Since this person must be able to "see" (it's in the job description), is part of his/her/its job to proofread the copies?
huh7891
Fri, Apr 29, 2011 : 11:45 p.m.
I'm sure the mayor is "comfortable " with the job description.
drewk
Fri, Apr 29, 2011 : 9:27 p.m.
If it can be demonstrated that all of these prequalifications are neccessary for the job then it is legal to list such a disclaimer. If the city were to have not listed these as neccessary requirements, then when a new admin was hired, if he/she could not deliver on any count, then the city would be out of luck.
Cici
Sat, Apr 30, 2011 : 9:04 p.m.
This "job description" reminds me of nit-picking! So any lack of any one of the forementioned requirements could bar a candidate. Now, would someone explain how these required qualifications would be measured?? Repetitive motions? What type? This could be a requirement but also a liability as many such activities can also disable a person in time. A liability in a sense in a job description.......
treetowncartel
Fri, Apr 29, 2011 : 9:22 p.m.
Clearly, you will need a drivers license to get from your house in the out county township where you live, to your desk down at the new city hall. The buses don't run down those rural roads, yet.
SonnyDog09
Fri, Apr 29, 2011 : 9:10 p.m.
I'd like to see the video of hizzoner and the councilmembers taking and passing this "physical requirements" test.
Xraymoo
Fri, Apr 29, 2011 : 8:46 p.m.
I don't understand the physical requirements on the job posting and I can see how it can be discriminitory since it is an administrative position. The drivers liscence requirement is debatable if frequent travel is required as part of the position repsonsibilities.
Cici
Sat, Apr 30, 2011 : 9:08 p.m.
Meetings? Frequent travel... Not at all necessary in this technological age of online video conferences and broadcasts. Saves gas, auto expenses etc., not to metion time that could be spent otherwise productively.
wlinsenbigler
Fri, Apr 29, 2011 : 8:37 p.m.
That's funny, in some cases I do not think there are physical standards for our police forces but there is for city administrator?
Cici
Sat, Apr 30, 2011 : 9:22 p.m.
There certainly should be!! And BM exams to qualify for health insurance and to ensure they stay fit enough to do those "strenuous" activities.
David Briegel
Fri, Apr 29, 2011 : 6:33 p.m.
Hey Mayor, Do you think our fair city is in compliance with the law? What say you? Did anyone ask Mr Fraser to comment on this "breaking news story"?
SuperiorMother
Fri, Apr 29, 2011 : 6:30 p.m.
I suspect that the physical requirements are just a technicality but still, it doesn't look good that they categorically eliminate anyone who is blind, deaf, has a bad back, or has any physical condition that precludes them from driving.
Cici
Sat, Apr 30, 2011 : 9:18 p.m.
And many disabilities cannot be seen. And related interview questions can be illegal. Consider those with diabetes or cadiac problems. Why not require every employee to have a physicians statement then? Oh! And of course an MRI, Pet scan, or better yet genetic testing!!
Macabre Sunset
Fri, Apr 29, 2011 : 6:29 p.m.
Maybe he would be. It was probably expensive to shuttle FDR around. However, the examples given were elected positions, not hired positions. Apples and oranges. Not sure what this woman is trying to accomplish here, but threatening the city with a lawsuit over this matter does not help the image of her clients in the slightest. Many people look at the disabled and see a lawsuit coming rather than a person. It's people like Grawi who enhance that reputation.
Cici
Sat, Apr 30, 2011 : 9:12 p.m.
That is the reason behind ADA rulings. A disability is a liability as all the disabled know too well.....and too many employers think of it as a risk, rather than looking a potentially very productive employee, (or even politician as some have mentioned!)
treetowncartel
Sat, Apr 30, 2011 : 12:53 p.m.
Well, if you ever find yourself on the otherside of the coin....
Macabre Sunset
Fri, Apr 29, 2011 : 9:33 p.m.
Just being honest here. I won't get my company sued because I'm not nasty to people. I didn't invent the term "lawsuit on wheels," which is what hiring managers call someone in a wheelchair. And that's because of people like Grawi, who are more interested in being right than helping others. That said, there are many, many honest people who are disabled, and if there were a way to differentiate them from the professional plaintiffs, I would go out of my way to help them.
treetowncartel
Fri, Apr 29, 2011 : 7:55 p.m.
Wow, just wow.
Forever27
Fri, Apr 29, 2011 : 7:44 p.m.
" If I'm hiring at a major company and someone in a wheelchair shows up for an interview, he will have to be ten times better than any other applicant to get the job." -which is hopefully why you won't come within 100 yards of an interviewee. You would get any company you work for sued so fast you'd be wishing you had a laywer like Grawi to represent you in court.
Macabre Sunset
Fri, Apr 29, 2011 : 7:16 p.m.
For every case where a lawyer helped a person gain what was wrongfully taken, there are 100 affected negatively. People like Grawi have turned the disabled into political statements. If I'm hiring at a major company and someone in a wheelchair shows up for an interview, he will have to be ten times better than any other applicant to get the job. Do I dislike disabled people? No. I'm just afraid that Grawi is going to show up on his first day of work and tell me I'm going to have to make $1 million in improvements to the workplace to satisfy legal requirements. Then I'll lose my job because my division doesn't show a profit. It's not up to you or I to post the requirements for someone else's job.
David Briegel
Fri, Apr 29, 2011 : 6:36 p.m.
And that is precisely why they need legal protection. What is your opinion of that necessity? How about a positive statement to address an obvious discriminatory injustice?
Top Cat
Fri, Apr 29, 2011 : 6:05 p.m.
Does this mean that if FDR were alive today that he would be ineligible to be Ann Arbor's City Administrator ?
David Briegel
Tue, May 3, 2011 : 1:46 a.m.
Top Cat, Excellent post!
Craig Lounsbury
Fri, Apr 29, 2011 : 6:26 p.m.
just because you can guide the free world through WW II doesn't mean you can run Ann Arbor. ....its a lot more complicated. You see the unions are stubborn and the University doesn't pay taxes. Compared to that June 6, 1944 was childs play.
say it plain
Fri, Apr 29, 2011 : 5:39 p.m.
This is bizarre, lol, I guess the city is going to ask the new administrator to possibly help out on volunteer firefighting calls?! Or else it's a joke coming from a legal department, fed up with having to defend the AA administrators negligence in a million domains lol...hey, let's see if we can screw up even ADA guidelines for posting that position?!