Hiring a Bank Teller at Valley National

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Category: Business and Industry

Date Submitted: 04/25/2012 10:27 PM

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HRMN 400

Group Project 2

1. Does Anna have a case here? What are the critical variables?

A) Yes Anna has a case of ADA and GINA. ADA is about discrimination toward s disabled people which in this case Dave has few comments that implies that Anna isn't capable of completing the duties because of being on a wheelchair and not because she isn't able to. He doesn't really give her a chance to explain how she would complete her duties but disapprove her by her looks. He also comments that about multiple sclerosis running in the family by stating " I don't know much about multiple sclerosis. Does it run in your family?" that is discrimination towards her genetic background, which GINA comes in place. And hiring a less qualified person then Anna would be the variables.

2. Under ADA, who is a qualified individual with a disability? If Anna filed a lawsuit, who would have the burden of proving that Anna was (or was not) a qualified employee with a disability? Is it Anna or the Bank?

A) The qualified individual with the disability would be Anna due to her multiple sclerosis but she has the experience and the language skills to be qualified enough to be a bank teller. The burden would be proving Anna was not a qualified individual with a disability so in this case the bank will be having the burden since, we already know that Nancy who they hired isn't capable of speaking Spanish which is one of the qualification they needed in order to work as a bank teller.

3. What critical terms related to the ADA must be considered in considering the legal implications of Dave’s decision? How do they apply in this case?

A) The critical considered in considering the legal implication in this case will be “reasonable accommodations” and “qualified individual with a disability" Dave decision should have been made by her qualification and ability and not her disability. In this case Dave seemed to have a negative attitude towards Anna as soon as they...