Should A Paraplegic be Eligible For Any Job?

[Ravenseye]

Paraplegic sues ‘Apprentice’ producers
http://www.msnbc.msn.com/id/6936628/

This raised some thoughts. Now for something like The Apprentice I can see no reason a paraplegic could do it.

However does the disablities act apply to all jobs? What about some sort of loading dock worker, or something that really requires physical leg strength? Does that apply? Should it? Should it not?

Any paraplegics out there who can weigh in on this?

[GiovanniC]

1. I Do Not Think Paraplegics Should Be NFL Linebackers

Other than that...

[jody]

3. Nor should mentally challenged be presidents. n/t

[GiovanniC]

7. Corky From "Life Goes On" Would Be a Better President Than Bush

It's the combination of evil AND retardation that is such a bad mixture.

[nothingshocksmeanymore]

2. Disabled people are not eligible for jobs for which they cannot

pass a fitness for duty evaluation. The law does not work that way. The law makes it unlawful for them to be discriminated against for jobs they ARE fit to perform.

[Ravenseye]

4. So....

...that means that if someone just says the job has a physical requirement then they dont' have to hire paraplegics? What if it's for some sort of computer tech work, but they tag on that the person also has to be able to help lift and move around office furniture as part of the job description. Would they be able to avoid hiring paraplegics?

What's the basis of judgement for what the fitness levels on? Court rulings?

[Bunny]

11. It's called Essential Job Functions.

Each company that is covered by the ADA is expected to have these defined for each job, and they are expected to adhere to them. So, if lifting and moving is a part of the job, it has to be part of the job for all applicants, not just those who are disabled. The company cannot discriminate against the disabled by changing the job description just to exclude them.

So, if I'm understanding your question, the company decides what the fitness requirements are. But they had darn well better adhere to them for everyone, because if it can be proven that they circumvented them to avoid hiring a disabled person, they can be sued for discrimination.

There are lawyers here who can explain this better, this is just what my understanding of the situation is.

[nothingshocksmeanymore]

12. That is correct

[Modem Butterfly]

5. Any job for which they are capable...

...providing they are capable of that job with no or reasonable accomodations. Thus, a parapalegic might be qualified to be a CFO, but not a Pilates instructor.

[TR Fan]

10. Was that Poncho Pilate or Cisco Pilate?

[Liberal Veteran]

6. Well the ADA requires REASONABLE accomodation.

I rather doubt you could make a reasonable accomodation for heavy lifting or a job that requires to stand on your feet for long periods of time.

On the case of The Apprentice, it's highly unlikely that the case could go forward because ultimately, it's a television show.

[mermaid]

8. I Think They Should Be Eligible For Any Job They Can Physically Do

with or without reasonable accomodations.

If they cannot do the job, then no. If they can, then why the fuck not?

Bottom line is this...if, with reasonable accomodation, they can perform all necessary job functions, then why should they not be eligible for the job?

I think it would be up to the employer, in this case, to provide a bona-fide reason for denial of a job.

[TexasSissy]

9. I think the law is that they have to able to perform the duties, and the

employer has to make "reasonable accommodations." If someone can't do the job, with reasonable accommodations, then they have no right to the job.

I'm not a paraplegic, but I work in a law office and have worked on a few discrimination cases.