Disabled Veteran – Scenario II
In order to satisfy elements of a claim that a potential employer failed to hire a disabled applicant, certain criteria must be established. The premise of hiring disabled workers for positions within a company reflects that the applicant must be qualified for the job in question, they meet all the neutral, job-related requirements for the position, they are able to perform the essential functions of the job with or without reasonable accommodation and they are not a direct threat to his or her own health and the safety of others (Walsh, 2013). The employer need not lower the job standards, eliminate essential functions, create a new position or make exceptions in order to accommodate the applicant, as the applicant needs to be qualified for the position. The initial criteria are that the applicant has a disability. The veteran submitted several documents attesting to his disability and this was not a factor for his not being selected for the position. The second requirement lists that …show more content…
The ADA’s purpose is not to change the scope of the position or to create an advantage for the disabled over other applicants. Reasonable accommodation for the applicant or employee cannot create an undue hardship for the employer in order to accommodate the disabled. Walsh (2013) states, “If a requirement screens out (or tends to screen out) an individual with a disability or a class of such persons, the employer must be prepared to prove that the requirement is job-related and consistent with business necessity” and only those requirements that relate to the ability to perform the essential function of a job are “consistent with business necessity” (p. 317). If the job requirements are not meet the applicant does not have a case, as he does not meet the Elements of a
In order to satisfy elements of a claim that a potential employer failed to hire a disabled applicant, certain criteria must be established. The premise of hiring disabled workers for positions within a company reflects that the applicant must be qualified for the job in question, they meet all the neutral, job-related requirements for the position, they are able to perform the essential functions of the job with or without reasonable accommodation and they are not a direct threat to his or her own health and the safety of others (Walsh, 2013). The employer need not lower the job standards, eliminate essential functions, create a new position or make exceptions in order to accommodate the applicant, as the applicant needs to be qualified for the position. The initial criteria are that the applicant has a disability. The veteran submitted several documents attesting to his disability and this was not a factor for his not being selected for the position. The second requirement lists that …show more content…
The ADA’s purpose is not to change the scope of the position or to create an advantage for the disabled over other applicants. Reasonable accommodation for the applicant or employee cannot create an undue hardship for the employer in order to accommodate the disabled. Walsh (2013) states, “If a requirement screens out (or tends to screen out) an individual with a disability or a class of such persons, the employer must be prepared to prove that the requirement is job-related and consistent with business necessity” and only those requirements that relate to the ability to perform the essential function of a job are “consistent with business necessity” (p. 317). If the job requirements are not meet the applicant does not have a case, as he does not meet the Elements of a