Question

If a company that has 18 employees interviews five people for a position and chooses to hire the person with the second best qualifications because the building may not be able to accommodate the wheelchair of the most qualified candidate, who is disabled, which act is the employer violating?

A.
Air Carrier Access Act
B.
Americans with Disabilities Act
C.
Readjustment Act
D.
Individuals with Disabilities Education Act

Answer 1

An employer with eighteen current employees is violating the Americans With Disabilities Act when choosing not to hire a candidate with a wheelchair. The Americans With Disabilities Act, also known as ADA, protects any citizen with a disability from discrimination. Federal guidelines exist regarding the conditions which must be met in order for a business or employer to be affected by this ruling. The number of employees specified in the question is important. Eighteen employees is more than sufficient to meet the minimum number of employees obligating a business to be ADA compliant. The employer in this situation interviewed five people and chose the second most qualified candidate. This is very significant because the most qualified candidate used a wheelchair. An ADA violation only occurs when an employer chooses not to hire a person due to a disability. This situation fits the criteria because the employer specifically used concern for the wheelchair not fitting in the building in his decision not to hire the candidate with a disability. The candidate using a wheelchair was the most qualified for the job.

Answer 2

The option is B. Title I of the U.S Equal Employment Opportunity Commission (EEOC), where the ADA is involved, prohibits any employment agencies, governmental or private, as well as labor unions from discriminating against qualified individuals with disabilities at the time to apply for a job.