29. A city has an opening for a secretary to the chief of police. The department lists the essential job functions as typing and preparing letters dictated by the chief, answering the phone, and managing the chief's appointment schedule. An individual has applied for the position; however, the individual cannot walk due to an injury and is requesting a reasonable accommodation. What are the city's duties and responsibilities under the Americans with Disabilities Act as it relates to this applicant?
Answer: A
The city must consider the application because walking is not listed as one of the essential job functions.
The city is required to consider the application since the essential functions of the secretary position do not include walking. Therefore, the inability to walk does not disqualify the applicant if they can perform the other essential duties.
A) The city must consider the application because walking is not listed as one of the essential job functions.
This option is correct because the Americans with Disabilities Act (ADA) mandates that employers assess an applicant's ability to perform essential job functions. Since the job functions listed do not require walking, the city must evaluate the applicant's qualifications without considering their inability to walk.
B) The city may reject the application, because the applicant cannot perform one of the essential job functions.
This option is incorrect. The inability to walk is not relevant to the essential job functions required for the secretary position. Since the position does not necessitate walking, the applicant should not be rejected based on this criterion.
C) The city must consider the application and find a position that will accommodate the applicant's disability.
While the city must consider the application, this option is misleading. The focus should be on the specific position applied for, rather than finding a different position. The essential job functions do not require walking, so accommodation is not necessary for this specific role.
D) The city may reject the application because the applicant has a permanent physical disability.
This option is incorrect. The ADA prohibits discrimination based on disability. The city cannot reject the application solely based on the existence of a disability if the applicant can fulfill the essential job functions.
Conclusion
In summary, the correct answer is A, as it aligns with the ADA's requirements for evaluating job applicants based on their ability to perform essential functions rather than their disabilities. Options B, C, and D fail to recognize that walking is not an essential function of the position and misinterpret the city's responsibilities under the ADA.