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This would create an undue hardship for the Postal Service. The Postal Service could also claim that Davis is not qualified for the clerk position. Since she is deaf, Davis cannot answer the phone. That is a major requirement of the job. Under the American Disabilities Act, a disabled American must be qualified for the desired position.
In the case of Halsey, as defined before by the American Disabilities Act, he is also disabled. The question becomes how disabled is Halsey? He could fail the vision test for a driver’s license, but still see well enough to service vending machines. Coca-Cola Bottling Company hired him as a vending machine serviceperson. Since they hired him, one assumes he was qualified for the job.
The issue then becomes if it would be an undue hardship for Coca-Cola to accommodate Halsey. Coca-Cola is a large corporation, with almost unlimited resources. It would not be an undue hardship to provide transportation for Halsey, or even elect to have Halsey to service the vending machines other employees bring back to the Coca-Cola plant. An accommodation could be reached between the two parties.
In the case of Whirlpool, Whirlpool knows of the hazardous condition caused by the conveyor belt above the employees’ work station. The wire mesh guard screen was placed to safeguard employees. The company policy is for the employees cleaning the mesh to stand on the wire frames. Not all of the items can be reached by standing on the wire frames, forcing the employees to stand on the wire mesh. Keller has a few options. Keller can stop doing a job he feels is dangerous. He can stop retrieving objects out of reach of the wire frame, due to the dangerous situation. If Whirlpool knows the job cannot be preformed without going on the wire mesh, other safety measures should be put into place.
If Whirlpool demands Keller to do the job or else, Keller can call OSHA and become a whistleblower.
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