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Sam is hearing impaired. He has applied and has been turned down for a secretarial job (at a large manufacturing company) that included answering phones.

Sam is hearing impaired. He has applied and has been turned down for a secretarial job (at a large manufacturing company) that included answering phones. Sam told the interviewer that he could perform all aspects of the job, except for answering the phone, without any accommodation. With respect to answering the phone, he proposed two alternatives at the interview: a) eliminating the phone responsibilities or b) providing a telecommunications device (TDD) that would allow him to answer the phone. The interviewer said neither of those alternatives was “feasible” but did not propose an alternative.

First question: is Sam a qualified individual with a disability? What arguments can he make that he qualified? What arguments can the employer make that he is not?

If you conclude that Sam is qualified and entitled to a reasonable accommodation, which, if either, of the two alternatives is reasonable and not an undue hardship? What does it mean for an accommodation to be reasonable? How would you define what is or is not a reasonable accommodation in this case?

  • Did this employer engage in an interactive process? Why or why not?

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