The basic desire and need to work are forces that drive most people. Gainfully employed is the term that the Social Security Administration uses to define a person who finds and maintains work. For most people with disabilities, the opportunity to obtain gainful employment becomes a hard task to conquer. Statistics show that unemployment rates among people with disabilities are higher than among any other group of people. The reasons why employment rates are so high among the disability community range from discrimination to employers not knowing about adaptive equipment in the workplace. But even when these common factors do not come into play, other barriers can impede employment.

The ideal relationship between an employer and employee is that both parties’ needs are met. Employers want an employee that is able and willing to work in the capacity the employer needs, while employees want the employer to be fair in wage payment and job expectation understanding.

Such was the case for 24-year-old Michael Nevin of Nutley, New Jersey. Michael is an intelligent, talented individual that has used his disability to be a role model. He uses his life story as a keynote speaker for the Dare to Dream conferences. These statewide conferences, sponsored by the New Jersey Department of Education, allow individuals with disabilities who are transitioning out of high school to speak about their experiences in school as well as about their endeavors after high school. Some attend college despite perhaps having a learning disability, while others brave the world of employment.

Michael decided to go head-on into the employment world. After attending a few college courses as an advanced placement high school student, Michael obtained a job working with children. The job of working with children was a dream come true for Michael. The Cerebral Palsy Center of Belleville was enthusiastic about having Michael become a computer aide.

As a prerequisite, Michael had to be fingerprinted—a mandatory step for anyone who works with children in the state of New Jersey. However, Michael’s disability, cerebral palsy, affects his ability to stretch his fingers. His hands tend to stay closed almost as permanent fists, and fingerprinting was not an easy process for Michael to go through.

The woman who fingerprinted Michael tried to help him relax his hands. Yet, two weeks later, Michael received a notification that his prints where considered ineligible by the state police and that he would have to undergo the fingerprinting process again. However, when the FBI reviewed his fingerprints, it found them eligible. It was at this point that Michael learned that becoming employed is half the battle. Michael, his family, and friends began a three-month struggle to resolve this issue that raised serious questions and concerns.

One may ask if Michael’s fingerprinting should have been treated differently because of his disability. The disability community has long fought for their equal rights in America—from educational rights to employment rights and every civil right in between. Some people may venture to say that Michael should have been treated like anyone else who had to be fingerprinted in order to work with children, and that this case was a matter of not providing the appropriate accommodations. Others might say that the fact that Michael’s prints were found illegible by the state but not by the FBI, is grounds enough to call this situation a case of discrimination. In this case, the most important question is: are state laws concerning fingerprinting addressing the needs of people with disabilities or even considering them to be working members of society?

The fact is that Michael’s dream to work with children was interrupted. Understandably, he became concerned about his employment status. “Those three months that Michael could have been working were frustrating and very trying for him,” said Sharon, a high school transition coordinator and friend.

However, Michael did not give up on what extended beyond his fingertips: his will to work. He had reached his goal of employment and considered that it was his right to become an advocate for himself and anyone else who may have been in a similar situation. Individuals from the Department of Education, Division of Disability Services, and Civil Rights were contacted and made aware of Michael’s situation. They all took roles in trying to help Michael, but things seemed to be going nowhere. Michael was fingerprinted again and, again, his prints were found to be illegible. However, it all came down to Michael representing himself. Michael uses a computer to communicate and, with the assistance of his mother, he explained his situation to the Nutley police, who expedited the resolution of Michael’s case.

Now, Michael carries out his computer assistant duties in the manner that is expected of him. He works part time and is enjoying doing what he does. His employer is fair and understanding and knows that with the right accommodation Michael can get the job done. Michael feels he did “nothing special” in persevering in his goal, even though it would have been easier to give up on working. He is going to meet with a Senate official to talk about fingerprinting accommodations for people with disabilities.

All in all, the situation that Michael faced is not uncommon. Many people with disabilities are aware that finding a job is only half the battle and are further challenged by obstacles even after they become employed. Michael spent three months not working because of a fingerprinting law that does not acknowledge that people with disabilities may not be able to be fingerprinted in traditional a way.  His fingerprinting challenge should be held up as an example of how the will to do something is stronger than any obstacle that comes along an individual’s path and how one person can begin to create change.  

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