Answer:
2. This action constitutes illegal discrimination because the applicant's hearing may be excellent with the help of a hearing aid.
Step-by-step explanation:
This is most likely what the courts are going to rule when looking at this case. The Americans with Disabilities Act is a civil rights law that prohibits discrimination based on disability. It also requires covered employers to provide reasonable accomodations for employees with disabilities and imposes accessibility requirements on public accomodations. In this example, the courts are most likely to side with the employee, as the action would only be legal if the disability made it impossible for the employee to perform his job properly. However, the applicant's hearing would not be a problem if he was wearing a hearing device.