Fri Feb 2 08:22:37 PST 2007

The Lesser Evil

I'm supposed to be heading to Idaho in a week or so to start a new job, but things have gotten a bit complicated. There are a number of reasons for this, but one of the biggest complications is my service dog. Let me explain.

I'm in the middle of contract negotiations with a company that isn't really interested in being equitable; instead, they're trying to ensure that I get the short end of every part of the deal. Naturally, I've been pushing back, and trying to ensure that the contract is fair to both sides.

As a result, they're insisting that I come for a final interview the Friday before I start the job. Of course, they insist that it's not really an interview, but since the implementation of the contract is contingent on the success of the meeting, that's exactly what it is.

In my line of work, I'd usually refuse to jump through this additional hoop. In-person interviews are a rarity in this business, and are usually a huge red flag that something has gone wrong during the contract negotiations. In this case, however, I've decided that I need to give in to the demand for an in-person interview because of Glindy.

You see, as an independent consultant, I'm not fully protected by Title I of the Americans with Disabilities Act. This law doesn't really address contract employees or independent contractors, leaving quite a lot open to judicial interpretation. While I receive more protection under Section 504 of the Rehabilitation Act, that really only helps me when dealing with contracts that are federally funded in some way.

So, as a matter of policy, I don't disclose the fact that I have a service dog to prospective clients. It's not relevant to my ability to perform the work that I'm hired to do, and could only prejudice contract negotiations. Since most people are not evil enough to turn someone away at the door when they show up to work with a legitimate service animal, that's exactly what I do.

In this case, however, I'm torn. I'm pretty sure that the Idaho agency I'm subcontracting through is looking for an excuse to cancel the contract because I won't allow them to put some very unreasonable provisions into the agreement. Look at it this way: if I show up to work on my first day with a service dog in tow, after having refused to meet with them in person, it looks like I was trying to hide something; on the other hand, showing up for a "non-interview" the week before gives them enough time to find some excuse (other than my disability or the presence of my service dog) to cancel the contract before my official start date.

In the end, it's not about what's right and wrong; it's about how people think, and the motives they ascribe to others based on their own frame of reference. It's a shame that I have to go through the contortions of trying to guess what people may think—especially since this is something very difficult to do with Asperger's Syndrome—but in this case the effort is probably warranted.

Going to the extra interview seems like the lesser of two evils. Bad things could certainly come of it, but I'd much rather take the moral high road instead of painting myself in a poor light. The folks from the agency will just have to look after their own karma; let's just hope that they're more upstanding people than I think they are, and that they won't use this concession on my part as a way to discriminate against me.

Posted by Todd A. Jacobs | Permalink