Was the Americans with Disabilities Act Violated - Essay Example

There are various issues and questions to be answered in this case. Firstly, the court may evaluate the legality of the post-job offer medical test. According to the ADA, an employer should not request a medical test as a condition of the offer; however, such tests may be required after the job offer (Colker 9). Although the Act recognizes a medical test post the job offer, it specifies the regulations governing such post-offer medical tests.

For instance, post-offer medical exams must be job-related and should be a requirement for all applicants for a similar position. Further, the employer should not withdraw the job offer based on any form of disability realized at this stage, unless in circumstances where the disability poses a threat in the workplace. Also, the employer must prove that there are no adjustments that can be instituted to accommodate the candidate. In the airline case, however, the accused does not show that the HIV status of the candidate can, in any way, impede their performance or pose a health risk in the workplace.

The other issue that the court ought to evaluate is whether the candidates needed to disclose their HIV status while declaring their medical history. Firstly, the ADA states that the employer may not ask the candidates about the existence of any disability before the job offer (Colker 7). Rather, the employer should only ask about the applicant's ability to discharge the roles of the job. For these reasons, the airline's argument that the candidates ought to have disclosed their HIV status ahead of the job offer is not justified.