Can an employer refuse a job applicant because they do not drive due to a disibility, even if the job requires a drivers?

Can an employer refuse a job applicant because they do not drive due to a disibility, even if the job requires a drivers Asked by QandAMama 57 months ago Similar questions: employer refuse job applicant drive due disibility requires drivers Business > Jobs.

Similar questions: employer refuse job applicant drive due disibility requires drivers.

Employers need someone who can perform all job-related tasks. Not that I'm an expert on labor and employment law, but when one applies for a job, the nondiscrimination clause means that they don't discriminate based on all the personal characteristics they mention - race, gender, etc. However, they are completely allowed to discriminate between those who can and cannot accomplish all tasks related to the job position they are trying to fill, including driving. The point of nondiscrimination is to hire those best qualified and able to perform all job functions regardless of intrinsic characteristics, not to hire those who can perform only some or most of them.

If driving is required, but one cannot drive, I would expect that one could not perform all duties related to the job, and would not be hired. Hope that helps!(Sorry if that wasn't authoritative enough for you - I'm new to this Askville stuff.) .

Yes Under the Americans with Disabilities Act an employer must first determine if the applicant meets the basic requirements for the job, such as necessary training, skills or certifications. If so, the next step is to see if the person can perform the essential functions of the job, either with or without accommodation. If driving is an essential function of the job, the applicant cannot drive, and there is no reasonable accommodation that would enable the applicant to be able to drive, the employer may refuse to give the job to that applicant.

Sources: mtstcil.org/skills/ada2-c.html Sardis's Recommendations The Americans With Disabilities Act (Ada): Overview, Regulations and Interpretations Amazon List Price: $35.00 Used from: $25.00 Understanding the Americans with Disabilities Act, Second Edition Amazon List Price: $69.95 .

Yes, they can The American's with Disabilities Act prevents an employer from discriminating against someone with a disability as long as they are able to perform the work required. But it does not force them to hire someone who is not qualified for a job or who cannot perform a job. If driving falls under a job description and the potential employee is unable to obtain a driver's license, then they cannot perform the job and the employer is under no obligation to hire them.

Sources: usdoj.gov/crt/ada/adahom1.htm .

Probably. I seem to recall that the ADA states, rather obliquely, that an employer must provide reasonable accommodation without causing undue hardship (ostensibly, to the business). I think that the room left by the vague statement does allow jurists latitude in creating judgements that are reasonable in fairly complex situations.

I don't know what legal precedents have been set to help define "reasonable," but most likely, a job applicant would be legally denied work in this instance. Especially at larger organizations, job descriptions are carefully monitored to ensure that they are non-discriminatory (e.g. , you can't ask for someone who can lift 150 pounds at a data entry job--unless other job duties occasionally require it). I am not a lawyer, but if someone has concerns about discrimination prohibited by the ADA, they should contact their local legal clinic or Legal Aid.

I would say 'yes' The employer would not be refusing to hire the person because of their disability...they would be refusing to hire the person because they are not qualified for the position. Why would a person who cannot drive apply for a position that requires driving? If I saw a job opening for a Certified Public Accountant and applied for it, I would be refused the position simply because I'm not qualified.

I cannot do the job. Period! I really don't see any discrimination here, just common sense.

Sources: My thoughts HELENofTROY's Recommendations Employment Law for Business Amazon List Price: $139.06 Used from: $14.90 Average Customer Rating: 2.5 out of 5 (based on 8 reviews) Federal Law of Employment Discrimination in a Nutshell (Nutshell Series) Amazon List Price: $29.00 Used from: $28.48 Average Customer Rating: 4.0 out of 5 (based on 2 reviews) .

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.