Question

Karina is confined to a wheelchair due to a car accident in which she suffered severe spinal damage. She is applying for a position as a hostess at a restaurant. The hiring manager at the restaurant would like to hire Karina but is concerned that her disability may make it difficult for her to do the job. In making the hiring decision, what should the hiring manager know about the restaurant's obligations under the Americans with Disabilities Act?

Answer 1

ADA cannot enforce an employer to hire a candidate or continue employee a worker who is permanently disabled to suitably undertake the job role. While ADA does not encourages ‘physical handicap’ as a criterion to discriminate an employee at the workplace, it does not even force an employer to hire a person who simply does not match the caliber of the job skills required to perform a certain job in a given organization. If Karina’s physical disability is to come in her way of discharging her job duties effectively, then the Hiring manager may not be obligatory to hire Karina. Moreover, there are no affirmative actions’ obligations on the part of the hiring manager. However, the hiring manager may find it obligatory to hire Karina if the reasonable accommodation is possible in Karina’s case without actually causing much of an undue hardship to the operations of the Restaurant.