Question

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?
A) Yes, because she has a major life activity impairment.
B) No, because the speech requirement is a marginal job duty.
C) Yes, because she is disqualified solely due to the impediment.
D) No, because the speech requirement is an essential task that cannot be accommodated.

Answer

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