Question

An employee at a company is suffering from severe back injury, which is a covered disability. The employee comes to know of a vacant position in the company that involves only light lifting and requests his employer for a temporary transfer to that vacant position.
According to the Americans with Disabilities Act (ADA), which of the following statements is most likely to be true in this scenario?

a) Given that the vacant position exists, the employee's request to be transferred to that vacant position is considered to be an undue hardship for the employer.
b) Given that the vacant position exists, the employee's request to be transferred to that vacant position is considered to be a reasonable accommodation so long as the employee is otherwise qualified for the position.
c) As the back injury can affect the employee's work productivity, his employment can be terminated by the employer.
d) As the back injury can affect the employee's work productivity, his employment is contingent upon the cost of his treatment.

Answer 1

Answer:

The correct option is B.

Explanation:

The Americans with Disabilities Act (ADA) was passed in 1990, and it was passed with the intention of putting an end to discrimination based on a disability.

From the scenario given above, the Americans with Disabilities Act (ADA) covers the employee. Therefore, the employee must not be discriminated against in relation to a vacant position in the company, provided he/she is qualified.

We can see from the options provided, that options A, C, and D possess some form of discrimination, and only option B has no form of discrimination, rather it considers that the employee can apply for an open position as long as he/she is qualified.