reasonable accommodations

[nojames]

What is the name of your state (only U.S. law)? State of Michigan.
I had an interview for a job that I do qualify for and I am deaf and had an interpreter there based upon my request. The employer is a school district. Toward the end of the interview I was asked several questions about communications concerns. I was given the impression that this type of questioning can have a negative effect of being hired due to do not wish to provide reasonable accommodations according to the ADA. I was told that I was not a canidate for the job.

 

[Antigone*]

What is the name of your state (only U.S. law)? State of Michigan.
I had an interview for a job that I do qualify for and I am deaf and had an interpreter there based upon my request. The employer is a school district. Toward the end of the interview I was asked several questions about communications concerns. I was given the impression that this type of questioning can have a negative effect of being hired due to do not wish to provide reasonable accommodations according to the ADA. I was told that I was not a canidate for the job.

Did they tell you why you were not a candidate for the job?

 

[nojames]

Did they tell you why you were not a candidate for the job?

I was told there were other candidates fresh out of college were better quaified. Also under the 504 I should get more considreation due to the fact the school disctirct gets funding from the Federal and State level.

 

[swalsh411]

What accomodation would you need to do the job?

 

[ecmst12]

They do not need to give you preference for the job. And it's possible that their concerns about communication are valid even with reasonable accommodations. But ADA complaints are evaluated on a case by case basis depending on all the facts, there is no blanket answer yes or no whether something is a violation no matter what the condition/situation. So the best thing to do would be to discuss the situation including specifics with an ADA attorney in your area for more information.

 

[tranquility]

I was told there were other candidates fresh out of college were better quaified. Also under the 504 I should get more considreation due to the fact the school disctirct gets funding from the Federal and State level.

Giving "more" consideration to a person with a disability is not what 504 is about. It is about discrimination against one with disabilities, not affirmative action for.

 

[tranquility]

They do not need to give you preference for the job. And it's possible that their concerns about communication are valid even with reasonable accommodations. But ADA complaints are evaluated on a case by case basis depending on all the facts, there is no blanket answer yes or no whether something is a violation no matter what the condition/situation. So the best thing to do would be to discuss the situation including specifics with an ADA attorney in your area for more information.

This is not a reasonable accommodation issue. The OP should not be working on that theory as it will lead down unprofitable paths. (Heck, who supplied the interpreter?) The only possibility is discrimination. However, there are no facts alleged that seem to indicate that. Generally, a prima facie case of discrimination requires:

-The plaintiff was a member of a “protected group”
-The plaintiff was qualified in all respects for the job they sought
-The plaintiff was rejected in spite of being fully qualified
-After the rejection, the employer continued seeking for applicants with the plaintiff’s qualifications

We have all but the last.

 

[nojames]

They do not need to give you preference for the job. And it's possible that their concerns about communication are valid even with reasonable accommodations. But ADA complaints are evaluated on a case by case basis depending on all the facts, there is no blanket answer yes or no whether something is a violation no matter what the condition/situation. So the best thing to do would be to discuss the situation including specifics with an ADA attorney in your area for more information.

I understood there is no clear answer to this question. However I will be discussing this to my Vocational Rehab advisor about this area. I know this they can not ask about my hearing problem. But can they ask about what kind of accomodations will they need to provide for the job? I need a clear answer what they can ask and can not ask according to law.

 

[Just Blue]

I was told there were other candidates fresh out of college were better quaified. Also under the 504 I should get more considreation due to the fact the school disctirct gets funding from the Federal and State level.

Was this a teaching position?

 

[ecmst12]

And yet, it seems there were multiple "fully qualified" candidates applying. Nothing prevents the employer from choosing a different one.

 

[cbg]

They can ask if you are able to do the job with or without an accommodation. They may ask if you are able to perform certain functions and, with certain limitations, how you would perform them.

They are not required to give you perference for the job.

 

[Just Blue]

sigh...

Px Hx

 

[tranquility]

I understood there is no clear answer to this question. However I will be discussing this to my Vocational Rehab advisor about this area. I know this they can not ask about my hearing problem. But can they ask about what kind of accomodations will they need to provide for the job? I need a clear answer what they can ask and can not ask according to law.

They can't really ask about your disabilities, but they can ask about your abilities.

Toward the end of the interview I was asked several questions about communications concerns.

They can ask how you can perform your job functions. When the disability is patent (it is obvious), they can ask about reasonable accommodations you might require.

 

[avrfan]

I do not know anything about these type of laws or how to deal with this type of discrimination issue. I am very open minded to the idea of equal opportunity and equal access etc, I am sympathetic towards those with disabilities, however I am having a hard time imagining how a deaf person can be as effective of an instructor in a class full of students who are not deaf. The non-deaf students prefer spoken communication, deaf persons rely on sign language and expressions and body language and if the students were also deaf then it would make sense that the instructor could be deaf also. I am trying to imagine how does the student ask the teacher a question and be properly heard or understood without an interpreter or someone extra in the classroom to translate spoken language into sign language? If there is a translator, wouldn't this also consume precious class time and be less productive for the students? I do see one advantage of having a deaf instructor, students will learn that they have to raise their hand before speaking out in class, if they want to participate in the class discussions because the teacher will likely not hear them or understand what they said if he/she was busy writing on the board or communicating with another student at that moment. Disadvantage, kids can whisper and cheat more easily without teacher hearing them if his/her back is turned.

 

[OHRoadwarrior]

A job has specific requirements. You could not establish your ability to meet those requirements. They had other candidates better qualified. Being disabled myself, I know it really sucks to be told you will not be approved for hire, due to safety concerns that cannot be overcome.