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Hiring a Bank Teller - Assignment Example

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Although the decision framework that the boss made with regards to choosing whether or not to hire Anna was fundamentally flawed, her only grounds for a case are with regards to the fact that the boss clearly and definitively transgressed the law when he asked her if MS was a…
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Hiring a Bank Teller
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1. Does Anna have a case here – why or why not. Although the decision framework that the boss made with regards to choosing whether or not to hire Anna was fundamentally flawed, her only grounds for a case are with regards to the fact that the boss clearly and definitively transgressed the law when he asked her if MS was a genetic disease that ran in her family. Such personal questions with regards to disease or the prevalence of this in familial relations cannot and should not be asked as is specified by the ADA.
2. According to the ADA what is a qualified individual
According to the ADA, a qualified individual with a disability is “an individual who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position. The ADA prohibits discrimination on the basis of disability against a qualified individual” (Manju Banerjee et al 144). If Anna were to file a suit, the burden of proof would be on her to prove that she was in fact a qualified individual who would be able to handle the job functions that the boss described to her in the interview process.
3. What critical terms related to the ADA must be considered in considering the legal implications of Dave’s decision? How do they apply in this case?
The crux of the issue with regards to the critical terms related to the ADA and their requisite consideration hinges upon the letter of the law with regards to whether Anna could ultimately represent the “skill” and “job related requirements” that the teller position required. Although Dave found himself in a difficult situation, and ultimately asked an illegal interview question, the fact of the matter was that he was ultimately unsure if she would be able to live up to the job related requirements that Dave required of all his bank tellers.
4. How can expense and cost be a variable when considering “reasonable accommodation”
In a word, Yes. If the employer is able to show that he/she cannot provide the accommodations that the individual requires because the cost of doing this would place an unreasonable burden on the company – it is possible that he/she may not have to do this.
5. What about Carl’s point the multiple sclerosis is a progressive disease and that Anna will almost certainly get worse, thus creating potential problems of absenteeism and health care costs. Can Dave consider this issue in his decision?
The answer to this is both yes and no; however the fact remains that these factors should not enter into the discussion due to the fact that they are future eventualities and not based on anything other than the employer’s interpretation of stated fact and conjecture.
6. Could Dave ask Anna about the nature or severity of her disability? Could he ask her about ability to perform certain job functions?
Ultimately, he is unable and bound by law NOT to ask Anna bout the severity or the nature of the disease. However, he is able to ask her questions relating to her ability to perform the job in question based upon her given condition.
7. Based on Carl’s comments regarding the probability of Anne’s MS worsening, could Dave require Anne to submit to and share genetic testing results as a condition of employment? Could Dave use such information?
No, this would serve as a blatant violation of HIPPA and ADA due to the fact that Anna is not required to provide such documentation to a prospective employer or even a current employer. Such a request would serve as a gross and direct violation of existing labor law and give Anna grounds for a lawsuit. Similarly, even should Anna provide the information to Dave, he would not be allowed to use it in making a determination with regards to her ability to work for the firm.
Work Cited
Manju Banerjee, et al. "Disability Documentation, The Americans With Disabilities Act Amendments Act, And The Summary Of Performance: How Are They Linked?." Journal Of Postsecondary Education And Disability 22.3 (2010): 142-150. ERIC. Web. 6 Feb. 2013. Read More
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