Is it Illegal for an Employer to Deny a Job to a Wheelchair Bound Candidate?

The Americans with Disabilities Act is a group of civil laws which have been enacted to prohibit discrimination and unequal treatment to those with disabilities. The act applies to multiple areas of activities of daily living including transportation, government activities, public accommodations and telecommunications. Here we will focus on disabilities and employment, specifically wheelchair hire and if it is illegal for an employer to deny a job to a wheelchair bound candidate. 

Employer Requirements 

The Act obligates even private employers to make reasonable accommodations for those with disabilities. However, an employer does not need to make accommodations if it will cause an undue hardship on the employer or other employees. The Act also requires employers to justify failures to make these accommodations if they are not to be met. It essentially requires an employer to justify job requirements and duties of every employee. 

These requirements apply only to those who have a disability which can be documented. If these requirements are not met, compensatory and punitive damages are often awarded in a court of law as well as possible fines against the employer. 

Employee Requirements

Although employers have a duty to make reasonable accommodations, employees or candidates also have obligations. In order for an employer to find someone as a qualified candidate they must be able to perform the job duties and requirements without making undue financial hardship on the employer by making the accommodations or undue hardship on other employees by transferring workload. Accommodations need to be made, but with those accommodations, an employee must be able to perform all job requirements to a satisfactory level. 

Hire or Denial Due to Wheelchair Bound

It is illegal for an employer to simply deny a job due to a candidate being wheelchair bound; however, if the candidate would have been unable to successfully perform the job functions or they were simply not qualified for the job, then it is not based on discrimination. The wheelchair bound candidate would have to file a complaint with the courts and the employer is then obligated to justify the reasons for the denial. If it is found by the courts to be discriminatory, compensatory and possibly punitive damages may be awarded. 

Getting Legal Help

If you or someone you know has been denied a job because of a disability it is important to contact a qualified attorney. An attorney will be able to assist you with your case and determine the level of discrimination. An attorney will have prior case information and precedents set that will aid in your lawsuit or complaint.