Failed to comply with provisions of the ADA

1.  An applicant charges that your company has failed to comply with provisions of the ADA because you discriminated against him for a room attendant position. Selection criteria for this position stipulated that an applicant must be able to successfully make beds, wash out sinks and bathtubs, and vacuum floors. The applicant believes that the employer is required to rewrite the job description so that some parts of this job, which are not actually essential functions, can be performed by others. Is he correct? Why or why not?

2. Michelle applied for the position of room attendant at Megahotels. She has experience as a room attendant and has good references. Michelle was not hired for the position. When she asked why she was not hired, Michelle heard this from the housekeeping manager: “You indicated on your application that you had a bad back. We are afraid that you might hurt your back while on the job and then take disability leave. We just can’t take the chance.” Has Michelle been discriminated against under the ADA? Why or why not?

3. Ashley is thirty-five and has multiple sclerosis. She has applied for the position of cashier in your food service establishment. Your advertisement for the job reads: ‘able-bodied female to perform cashier responsibilities.’ You explained to Ashley that the job requires a great deal of stamina but she insisted on filing an application. Even though Ashley was among the first applicants, she was not hired. Are you liable under the ADA? Why or why not?”