| Kells vs Sinclair Buick-GMC Truck | | | | such adjustment and modifications, a disabled individual |
| Larry Kells, 50, was a car salesman suffering from a | | | | cannot file discrimination lawsuit against his employer |
| degenerative disease called muscular dystrophy that | | | | who made an effort to provide disability |
| weakens skeletal muscles and limits his motor skills. | | | | accommodation. |
| Because of this condition, he asked his company, | | | | According to ADA, reasonable accommodations for |
| Sinclair Buick-GMC Truck, Inc., to provide him | | | | disabled workers include: |
| reasonable accommodations such as ramp inside the | | | | 1. Providing facilities such as wheelchair ramp and lift |
| building, canopy-covered parking space, and cart to | | | | which can be used by disabled employees. |
| allow him to navigate the premise easily. | | | | 2. Making certain adjustment in work schedule and job |
| Instead of giving him disability accommodation, which is | | | | assignments. |
| a constitutional right, Kells was demoted and | | | | 3. Modifying equipment (e.g. Braille computers, devices |
| subsequently terminated from his position. When he | | | | with text-to-speech technology) and providing training |
| asked for an explanation, his superiors told him he was | | | | materials that will allow disabled employees to work |
| “useless” and “cannot keep up with other | | | | without undue hardship. |
| employees because of his age and disability.” | | | | Qualification Standards for Hiring Workers |
| After his termination, Kells filed a lawsuit against his | | | | Employers covered by ADA must not impose |
| company over wrongful demotion, harassment, | | | | selection criteria that aim to exclude people with |
| discrimination based on disability and age, and | | | | disabilities and impairments. |
| constructive discharge. | | | | According to employment lawyers, selection criteria |
| Failure to Accommodate for Disability | | | | such as interview questions, rating systems, physical |
| According to the Americans with Disabilities Act of | | | | tests, psychological tests, education, work experience, |
| 1990 (ADA), employers must provide reasonable | | | | and paper tests should measure an individual’s job |
| accommodations to a qualified worker who has | | | | qualification but not screen out disabled people. |
| disability unless such adjustment will interfere with the | | | | In addition, employers can turn down an application of a |
| business’s operation. Failing to do so will make | | | | disabled person when his condition interferes with his |
| them liable to employment discrimination which violates | | | | responsibilities and work assignments. As long as |
| ADA. | | | | selection criteria are job-related, employers will not be |
| It is also considered a form of discrimination if | | | | held liable for employment discrimination. |
| employers will impose adverse action (e.g. undue | | | | Workers without disability but do not meet the |
| hardship, termination, demotion) against a disabled | | | | employers’ medical or physical requirements such |
| individual to avoid giving him reasonable | | | | as height, looks, voice, body-built are not covered by |
| accommodation. | | | | ADA since this Act still allows companies to make its |
| Meanwhile, if an employer makes certain | | | | own hiring policies and practices to choose individuals |
| accommodations and it takes a longer time to finish | | | | who are suited for the job. |