Ernest lost both his legs in a car accident when he was 18. He has applied for a

Question

Ernest lost both his legs in a car accident when he was 18. He has applied for a job with Excelsior Products in the company’s quality control lab. The job requires inspectors torandomly check products coming off the assembly line for defects. Historically, all inspectors have stood two-hour shifts. Ernest proposes to sit in his wheelchair. Thecompany refuses to hire him because it says he will be less efficient. Ernest’s previous employment record shows him to be a diligent, serious worker and he has 10 years experience in this field.

1. Does Ernest have a legal right to be hired?

2. What potential laws is Excelsior violating?

3. What additional facts might you want to know in coming to a final decision on Ernest's matter?

Explanation / Answer

Based on report form his previous employer, it proves that despite his disability, Ernest qualifies for the job since he is competent. Therefore, I consider Ernest to have a right a right of being hired. By denying him a job based on his disability, the employer would be violating the ADA act, which prohibits any discrimination to any citizen based on their disability.

The final fact that I feel important before coming up with a conclusion is whether Ernest is the most qualified among the applicants, and if the company has any individual within the company with disability.

If it happens that Ernest is the most qualified individual, the company will have no choice but to give him the job. Secondly, if the company does not have any individual with disability, this will mean that the company does not like such individuals; it does not recognize ADA act, which is a serious violation.

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