Question

Yogesh has difficulties speaking clearly and quickly due to a severe speech impairment. he applied for a telemarketing job in a marketing research company that employed 42 employees. however, the employer did not hire him because of his inability to talk quickly and clearly. being able to talk quickly is an essential qualification for the job given the high volume of phone calls that telemarketers have to place during a day. is this employer potentially liable under the americans with disabilities act?

Answer 1

The answer is "No, because speaking quickly is an essential qualification for the telemarketing job".

The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to separate in work against a qualified individual with an incapacity. The ADA additionally prohibits oppression people with incapacities in State and nearby taxpayer supported organizations, open facilities, transportation and media communications.

In the event that you have a handicap and are fit the bill to carry out work, the ADA shields you from work separation based on your incapacity. Under the ADA, you have an inability on the off chance that you have a physical or mental impedance that generously restrains a noteworthy life movement. The ADA likewise secures you in the event that you have a background marked by such an inability, or if a business trusts that you have such an incapacity, regardless of whether you don't.