In collage we were told if it was a bonafied job nessesity to meet a certain criteria then you could decline a disabled person.
Definitions of Bonafide on the Web:
In law, good faith (in Latin, bona fides) is the mental and moral state of honest, even if objectively unfounded, conviction as to the truth or falsehood of a proposition or body of opinion, or as to the rectitude or depravity of a line of conduct.
American disabilities act of 1990: http://www.doleta.gov/Seniors/html_docs/docs/am_disab_act.cfm#content
(A) In general.--The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.
(10) Undue hardship.--
(A) In general.--The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).
(B) Factors to be considered.--In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include--
(i) the nature and cost of the accommodation needed under this Act;
(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;
(iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and
(iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.
(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(8) Qualified individual with a disability.--The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this title, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
(9) Reasonable accommodation.--The term "reasonable accommodation" may include--
(A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
(B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
IMO it would be an undue hardship if not possable at all to make a customers location accesable in the areas we work for many disabilities. Where if you had a person in your office all day answering the phone then you should accomidate them.
Can you not hire an electrician if he had no arms? I say you can say sorry it is a bonafied job requirement to have arms and fingures.
I think the question here is a person in poor shape or health disabled and do we need to accomidate their needs? I say no again.
My understanding is you need to set key peramiters for each job position. Something like:
1. Must be able to lift or pull 75 lbs using both arms and 40 lbs with one arm.
2. Must be able to climb stairs and ladders for the length of the work day.
3. Must be able to distinguish colors.
4. Must be able to hear and comunicate clearly
5. Must be able to crawl in XX size space.
6. Able to work at heights xx above ground.
7. Must have a valid drivers license.
If they don't meet your peramiters then your not discrimiting against them for being disabled. They just are not physicaly able to do the job. You can not put elevators on each job because they can not climb stairs all day.