A clinical laboratory has a vacancy for a medical transcriptionist. The job requires candidates to be able to type at least 60 words per minute with an error rate of no more than 5%. Candidate A has more than 10 years in medical transcription, types 65 words per minute with a 2% error rate. She also has a very strong work record; however, she has been diagnosed with strong indications of carpel tunnel syndrome in her right wrist. To limit the tingling sensation and pain she occasionally experiences, she wears a wrist brace that extends over the lower portion of her hand on both sides and is visible even when she wears long sleeves. Candidate A applies in person for the job. She completes the application and takes a typing test. Impressed with her application, resume, and score on the typing test, the recruiter offers to immediately interview Candidate A for the position. One week later, Candidate A calls the employer to determine her status for employment. The recruiter tells her that, although she was highly qualified for the position, another candidate, whose qualifications were equally impressive, was selected. Candidate A has now filed a charge of discrimination with the EEOC alleging discrimination based on both perceived and present disability. Assuming Candidate A did have qualifications equal to those of the person hired for the job, did the employer discriminate against Candidate A based on a real or perceived disability?
A clinical laboratory has a vacancy for a medical transcriptionist. The job requires candidates to be able to type at least 60 words per minute with an error rate of no more than 5%. Candidate A has more than 10 years in medical transcription, types 65 words per minute with a 2% error rate. She also has a very strong work record; however, she has been diagnosed with strong indications of carpel tunnel syndrome in her right wrist. To limit the tingling sensation and pain she occasionally experiences, she wears a wrist brace that extends over the lower portion of her hand on both sides and is visible even when she wears long sleeves. Candidate A applies in person for the job. She completes the application and takes a typing test. Impressed with her application, resume, and score on the typing test, the recruiter offers to immediately interview Candidate A for the position. One week later, Candidate A calls the employer to determine her status for employment. The recruiter tells her that, although she was highly qualified for the position, another candidate, whose qualifications were equally impressive, was selected. Candidate A has now filed a charge of discrimination with the EEOC alleging discrimination based on both perceived and present disability. Assuming Candidate A did have qualifications equal to those of the person hired for the job, did the employer discriminate against Candidate A based on a real or perceived disability?
First we need to understand the definition of disability to answer the above question.
Disability is defined as a condition whether physical or mental which may limit a major life activity.
Disability can be real or percieved.
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