Handicap discrimination

[Jetsam]

I am handicapped. Went to MK and applied for a DAS. I fully understand the rules..an MD from Vanderbilt means I am not a complete idiot...even though they are capricious and arbitrary. HOWEVER, the little 20-something twit with the iPad committed a felony by asking me about my disability, a direct violation of the Americans With Disabilities Act of 1990. He then recommended I get a wheelchair. Now you and I know what he meant, but any lawyer could nail him for dispensing medical advice. He THEN informed my wife, who walked up later, of everything we had discussed...making him in violation of HIPPA. I understand that Disney is worried about people taking advantage. However, they are bound by federal statutes. Just sayin'.....this is fertile ground for a class action. I did NOT appreciate being talked down to by a 25 year old boy, especially when my education encompassed more years than he had been alive. Disney is on shaky ground with their paternalistic, condescending approach. Yes, I know the jerks from NY and NJ hiring the "handicapped" people hurt us, but they are the extreme minority. It does show how sensitive Disney is to bad publicity. Any attorneys out there want to get on the news? Let me know...

 

[delmar411]

Did he ask you about your needs or your disability? Those are 2 different things. If you are simply mobility challenged then the standard touring advice is to get a wheelchair or ECV. I think you are really reaching here.

 

[heyitsmejosh]

The OP sounds a little too angry maybe he needs to take a deep breath and relax a little. first off hes just a kid and maybe he hadn't been trained right or whatever just ask someone else to try and fix the situation a supervisor whatever. i do know one thing though, if you acted like you are in this post id be surprised if anyone wanted to go out of their way to help you.

 

[smitch425]

I am handicapped. Went to MK and applied for a DAS. I fully understand the rules..an MD from Vanderbilt means I am not a complete idiot...even though they are capricious and arbitrary. HOWEVER, the little 20-something twit with the iPad committed a felony by asking me about my disability, a direct violation of the Americans With Disabilities Act of 1990. He then recommended I get a wheelchair. Now you and I know what he meant, but any lawyer could nail him for dispensing medical advice. He THEN informed my wife, who walked up later, of everything we had discussed...making him in violation of HIPPA. I understand that Disney is worried about people taking advantage. However, they are bound by federal statutes. Just sayin'.....this is fertile ground for a class action. I did NOT appreciate being talked down to by a 25 year old boy, especially when my education encompassed more years than he had been alive. Disney is on shaky ground with their paternalistic, condescending approach. Yes, I know the jerks from NY and NJ hiring the "handicapped" people hurt us, but they are the extreme minority. It does show how sensitive Disney is to bad publicity. Any attorneys out there want to get on the news? Let me know...

Wow! All of that schooling sure didn't teach you how to be polite.

In any situation like this, you can ask for a supervisor if you feel you are not getting proper assistance. Since you haven't stated what your limitations are, there is no way for us to know if you were given accurate advice from the CM. Anyone with needs related to mobility issues is told to use a wheelchair or ECV, which can go through most lines. Seeking a lawyer on an internet forum doesn't sound like something someone with an MD would do, but whatever floats your boat, I suppose. Good luck with that.

 

[Planogirl]

From my understanding, it's legal to ask what your needs are just not your condition. I also think that you might be blowing this out of proportion.

By the way, there is a good disabilities forum here if you haven't discovered it yet. They know much more about what is and isn't allowed.

 

[kaytieeldr]

It sounds like you're confusing the Health Information Portability and Accountability Act (which applies to information shared/transmitted among health care professionals, health plans, and health clearinghouses - but not between theme park employees and guests) with the ADA.

Disney's standard advice to anyone with solely mobility or stamina issues is to rent a wheelchair (or ECV). It's not a situation intended to be remedied by a DAS. If you truly think the questioning violated the ADA, you can call 800 - 514 - 0301 (voice)
800 - 514 - 0383 (TTY). I'd be surprised if a reputable attorney thinks you have any kind of case.

 

[cubsblue]

So DIS is now the place to find an attorney? Good to know. I didn't know that one person's allegations could turn into a class action either but op seems to have a grasp on both law and medicine. Vandy must be one good school!

 

[photo_chick]

OP.. you should read up on the ADA and HIPAA before your next trip. You might be surprised what you learn.

 

[maxiesmom]

Wow! All of that schooling sure didn't teach you how to be polite.

MTE.

 

[Rebekkap]

HOWEVER, the little 20-something twit with the iPad committed a felony by asking me about my disability, a direct violation of the Americans With Disabilities Act of 1990...

Pretty sure he didn't commit a felony, since a felony is a crime punishable by death or an extended prison sentence, but nevertheless I'm sorry to hear you didn't feel respected and like Disney looked after your needs. I can understand you felt angry.

When I went to Disneyland with my aunt, who needed a guest assistance pass because of an injury, the cast member we spoke to did not ask her what her disability was, but did ask her what types of things it prevented her from doing, so they could accommodate her needs.

I guess there's a fine line between the two, and maybe cast members could use some additional training on how to handle these situations better.

I hope it didn't ruin your time at Disney and you still managed to enjoy yourself.

 

[suemom2kay]

Congratulations on taking 25 years to complete medical school or were you counting Kindergarten? BTW, as a previous poster pointed out, there is no such thing as HIPPA. Perhaps you need a few more years?

We took my daughter last year with a wheelchair prior to having surgery. I did not even attempt to get a GAC (no DAS yet) because we didn't need one. Her mobility issue was accommodated by accessible lines and alternate lines where that was not possible. What type of accommodation were you looking for exactly? The 25 year old kid with his inferior education was attempting to accommodate you. Some discussion of your accommodation needs is necessary and not discrimination or a felony. Drama.

 

[Robo]

http://www.disboards.com/showthread.php?p=50505112#post50505112

 

[patty57]

Using the words capricious and arbitrary pretty much says it all (law suit), except they didn't make a lot of sense in the context in which they were used.

 

[karebear06]

You sure sound like an angry individual.
Take a deep breath and realize it can always be worse. By reading some of your other posts, it sounds like you are fortunate enough to stay in a lot of nice accommodations. Life is what you make of it and you are definitely blessed according to many to even be able to go to WDW.

 

[Vidia2]

I am handicapped. Went to MK and applied for a DAS. I fully understand the rules..an MD from Vanderbilt means I am not a complete idiot...even though they are capricious and arbitrary. HOWEVER, the little 20-something twit with the iPad committed a felony by asking me about my disability, a direct violation of the Americans With Disabilities Act of 1990. He then recommended I get a wheelchair. Now you and I know what he meant, but any lawyer could nail him for dispensing medical advice. He THEN informed my wife, who walked up later, of everything we had discussed...making him in violation of HIPPA. I understand that Disney is worried about people taking advantage. However, they are bound by federal statutes. Just sayin'.....this is fertile ground for a class action. I did NOT appreciate being talked down to by a 25 year old boy, especially when my education encompassed more years than he had been alive. Disney is on shaky ground with their paternalistic, condescending approach. Yes, I know the jerks from NY and NJ hiring the "handicapped" people hurt us, but they are the extreme minority. It does show how sensitive Disney is to bad publicity. Any attorneys out there want to get on the news? Let me know...

It sounds like they offered you an accommodation but you didn't like what they offered. Since you don't want to share what your need is, you can't expect us to know whether their suggestion was appropriate. Maybe you should contact Disney directly regarding your concerns.

 

[dominiondad]

You call people twits, jerks, and 25 year-old boys, and then complain you're being talked down to? Sorry Doc, not a lot of sympathy for you here. If you think a felony was committed, call the police and file a report. Since at least 2 of your 3 posts have been complaints, perhaps Disney isn't the place for you.

 

[DVCcurious]

I'm going to back up the OP here.

I worked in healthcare for years. Even though I was an accountant I was still bound by HIPAA and I had to do the training every year. So I don't think the CM should be sharing your disability info with anyone (even a family member is out-of-bounds according to HIPAA). Either way, that's not the point of his post. The point of his post is that he needed assistance and he had an encounter with a rude cast member.

Now we can debate whether maybe he "deserved it" based on his attitude or whatever, but the fact is if you're working customer service you HAVE to just smile and put up with it. If the OP felt offended by the service he received, then he received poor service.

So I agree that Disney should do a better job training it's employees who work at the disability center. Most people who have disabilities are embarrassed/shy/secretive about them so you need employees who will project empathy to do that job. It appears this cast member lacked the necessary empathy to do the job correctly.

 

[Art 1]

Oh dear.

 

[Kay1]

I agree you should post on the disAbilities on this site. I'm not sure if there are any lawyers who post there, but there are more handicapped individual there, as well as parents who advocate for their children.

Btw, I see no need for rudeness from either cast members or Disers, and I hope you find the information you seek.

 

[kaytieeldr]

Nope. Without more information from the OP, all we have is his interpretation of the Cast Member's actions. Based on the experiences of several responders, it's more likely he was asked about his needs - not his disability.

But yeah, in my opinion an MD from a prestigious university should know that HIPAA doesn't apply here, that one person does not a class action suit make, that the CM has both more experience with the DAS and more knowledge of Disney's conditions than he, that people of an age to use "mark my words" generally have trouble determining the age of someone several decades younger...

Relatively sure we'll never get a true accounting of the interaction.