Question

Jennifer is thirty-five and has multiple sclerosis. She has applied for the position of cashier in your food service establishment. Your advertisement for the job reads: 'able-bodied female to perform cashier responsibilities.' You explained to Jennifer that the job requires a great deal of stamina but she insisted on filing an application. Even though Jennifer was among the first applicants, she was not hired. Are you liable under the ADA?

Answer 1

Yes, you are liable

Step-by-step explanation:

Under the ADA provisions you are liable seeing that this job advertisement is discriminatory to people with physical limitations.

This is based on the specifications that was used in the job advert. It stated that applicant must be able bodies, which is in violation in the ADA provision that discrimination must not be made on job applicants simply based on physical disability. Jennifer is already likely to face rejection, given her physical limitation.

A discriminatory lawsuit can be filed here.