Harold recently applied for a transfer within his company to a new position. He has a physical disability that requires him to utilize a walker to get from place to place. Harold’s current position is in payroll and he easily completes this task from the comfort of his desk. The new job opening requires administrative and supervision duties with certification in OSHA training. Harold does not have the OSHA certification, but two other non-disabled applicants do. When he does not get the position, Harold considers filing a claim with the Americans with Disabilities Act. Does Harold have a valid claim?
  1. Yes. The ADA protects individuals with physical or mental impairments.
  2. No. Harold does not have OSHA certification.
  3. Yes. ADA requires disabled individuals to have an equal opportunity to work.
  4. No. The ADA states Harold does not require accommodations.
Explanation
Answer - B - The Americans with Disabilities Act states it is unlawful for an employer to discriminate against a qualified individual with a disability. The person must be qualified for the position and meet all job requirements such as employment experience, skills, educational background, and licenses.
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