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A company needs to hire a telephone customer service representative. The job is 100% telephone contact with customers and requires the ability to speak clearly and quickly due to high call volume. It also requires the ability to use a computer and to think and solve problems independently of supervision. Pauline, who is bright and experienced with computers, has a speech impediment that makes enunciation difficult and slow for her. She has an excellent track record for working unsupervised at previous jobs. Pauline is not hired due to the speech impediment. Has management made a decision that makes the firm legally liable for discrimination under the ADA?
Ralph is wheelchair-bound. After a construction injury, he attended vocational school and was trained to be a telemarketer. He has an interview for a telephone marketing position for which he is fully qualified. When he arrives, he realizes that the interview office is located on the third floor of a building without an elevator. He calls and explains his problem, but the interviewer refuses to change the appointment or location. Has management made a decision that makes the firm legally liable for discrimination under the ADA?
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