Americans with Disabilities Act

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The Americans with Disabilities Act it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. The employer is also required to make reasonable accommodations to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Ms. Smith's hearing –impaired disability was known to Shop Here when she was hired. Both Ms. Smith and Shop Here also understood that there would be a need for an interpreter for certain meetings, including training sessions. The nature of dialogue between Ms. Smith and anyone was obvious due to her disability and should not have needed any further discussion about the need for reasonable accommodation per the Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act. Although, her supervisor suggested another co-worker to "finger spell" for Ms. Smith, this was not a reasonable accommodation, as "finger spelling" is much different from having an interpreter. Ms. Smith requests for an interpreter was denied on several occasions. Per the Enforcement Guidance an employer should respond expeditiously to a request for reasonable accommodation. The employer should also act promptly to provide the reasonable accommodation. Shop Here was in violation of the ADA by not responding "expeditiously" to Ms. Smith's request. The transfer of Ms. Smith was also in violation of the ADA. Ms. Smith was able to perform the duties of her job but not the training session. She was transfer before willing to help with the request to have an interpreter. Ms Smith was fired as a result of not accepting the transfer of a job this is also in violation of the ADA as a transfer can only be requested if the disable employee can not perform the functions of their original job. This is not the case for Ms. Smith. A defense for Shop Here maybe that although Ms. Smith was required to...
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