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Old 04-06-2019, 11:30 PM
 
17,254 posts, read 10,183,539 times
Reputation: 28770

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I applaud the young man's initiative.

While I have no idea what an associate position entails, if he cannot perform the essential duties of that position (which may very well involve a lot of physical requirements such as lifting, etc.), then unfortunately he is not covered by the Americans with Disabilities Act.

However, the store manager handled this very poorly and in fact may have violated the ADA herself. I don't think it's legal to tell someone that they don't hire a disabled person upfront and then refuse to interview them. That's grounds for possible legal action.

What the store manager should have done is to go ahead with the interview, and ask him about his ability to perform the job related function (without directly asking him about his disability, which again, is illegal). If he is unable to do so, thank him for his time and explain the situation. So simple.

https://wtvr.com/2019/04/02/chesterf...-an-interview/

Quote:
A 19-year-old Clover Hill High School graduate, who lives with cerebral palsy, claimed a store manager denied him a job interview because of his disability. Since childhood, Chad Lowery has fought to prevent cerebral palsy from taking his independence.

"I want to be independent as I possibly can," Lowery explained. "I want people to know just because I have a disability doesn’t mean I can’t work."
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Old 04-07-2019, 02:44 AM
 
1,350 posts, read 587,292 times
Reputation: 1244
This is real unfortunate and sad to see.

Assuming the store is a corporate owned subsidiary (like most corporate owned stores), they would need to have a minimum of 15 employees in order to fall under ADA.
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Old 04-08-2019, 06:53 AM
 
2,115 posts, read 3,861,039 times
Reputation: 2604
I only trust stories that only have one side. The other side is not important. There couldn't possibly any alternative to the facts than what is presented, and when you only interview the 'wronged', they'll remain 100% unbiased and present all the facts, even the ones they don't have privy to.
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Old 04-08-2019, 07:16 AM
 
9,778 posts, read 16,971,140 times
Reputation: 18394
I'll hold off until someone presents all of the facts.
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Old 04-08-2019, 08:57 AM
 
6,875 posts, read 7,273,507 times
Reputation: 9785
On one hand I was going to say that I can't believe anyone, any manager, would be dumb enough to say that.
But, on the other hand, of course I could believe it. Because some people ARE that stupid.

Doesn't mean I believe it happened in this case. But, I could believe that someone would be dumb enough to say it.
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Old 04-08-2019, 08:33 PM
 
2,410 posts, read 687,207 times
Reputation: 3394
Unless the manager was caught on camera and he has the footage, this case is "his word versus the manager's"
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Old 04-09-2019, 11:29 AM
 
1,834 posts, read 908,417 times
Reputation: 2388
A lot of businesses won't hire disabled people. Most just never admit it. Why hire someone with disabilities that you need to accommodate when you can hire able bodied person for the same price? There are thousands of applicants that are healthy and you're going to go with the person you have to slow down for? I have many disabilities, and the only times I was hired was when I successfully hid them during the interview. When I've been honest I was never considered for employment.
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Old 04-09-2019, 11:56 AM
Status: "Disagreeing is not the same thing as trolling." (set 7 days ago)
 
Location: Texas
9,462 posts, read 3,634,340 times
Reputation: 19472
Yes, it's discriminatory. But part of the problem is that he's a teenager. Many retail stores and fast food places won't hire teens. They want older adults. Hiring older adults creates the problem of them wanting higher pay than minimum wage and being highly dissatisfied with their jobs. Employers need to smarten up and start hiring teens and college students again.
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Old 04-09-2019, 01:56 PM
 
9,519 posts, read 13,439,344 times
Reputation: 5692
Quote:
Originally Posted by Suburban_Guy View Post
I applaud the young man's initiative.

While I have no idea what an associate position entails, if he cannot perform the essential duties of that position (which may very well involve a lot of physical requirements such as lifting, etc.), then unfortunately he is not covered by the Americans with Disabilities Act.

However, the store manager handled this very poorly and in fact may have violated the ADA herself. I don't think it's legal to tell someone that they don't hire a disabled person upfront and then refuse to interview them. That's grounds for possible legal action.

What the store manager should have done is to go ahead with the interview, and ask him about his ability to perform the job related function (without directly asking him about his disability, which again, is illegal). If he is unable to do so, thank him for his time and explain the situation. So simple.

https://wtvr.com/2019/04/02/chesterf...-an-interview/
Don't they have to make reasonable accommodations though for people who may have trouble doing the job?
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Old 04-09-2019, 02:25 PM
 
Location: North Idaho
22,656 posts, read 28,685,250 times
Reputation: 43674
Quote:
Originally Posted by Jdawg8181 View Post
Don't they have to make reasonable accommodations though for people who may have trouble doing the job?

They have to make reasonable accommodation, not every possible accommodation. Paying someone who has trouble doing the job isn't a reasonable accommodation.


If some fairly easy fix makes it possible for the handicapped person to do the job, then yes, they are required to do it; if, and only if, the handicapped person is otherwise qualified to do the job.


They might be able to put hand controls into a fork lift, but they still don't have to hire the paraplegic who has never driven a fork lift before if all hires are required to have previous fork lift experience.


The handicapped person must be able to perform the job correctly once the accomodation has been made.
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