Question
Edgar was a computer programmer at Fastco; he has muscle spasms that prevent him from walking and is limited in access to areas where he
Edgar was a computer programmer at Fastco; he has muscle spasms that prevent him from walking and is limited in access to areas where he can use his wheelchair. Edgar applied for a job at a competitor (Samco) doing the exact same programming work. Samco is located one block away from Fastco in an old building that requires workers to access their offices by walking up two flights of stairs, as there is no elevator in the building. (Samco actually looked at installing an elevator in the past, but it would cost 4.5 times its annual revenue) When Edgar interviewed for the job at Samco, they met in a community shared (with other companies located in the building) conference room on the first floor. Edgar thought the interview went well and that he would receive the job as the other candidate applying for the job was a recent college graduate. Edgar was not hired for the position, so he contacted the HR Representative of Samco to ask why. The HR Representative talked with the hiring managers and learned that Edgar conveyed to them that he could not walk up the stairs to gain access to the Samco offices during the interview process. Therefore, as a result of that response, they did not consider him for the position. Does Edgar have a possible Americans with Disabilities Act (ADA) claim?
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