Do I have to give a disabled person the job?

yummymummy the 1 & only

not at all; give the person that you got on with and you think was the best for the job

ben c

if hes more qualified then give him the job. lots of people are annoying but we still have to work with them.

susie x â™¥â™¥â™¥

You should give the job to the person best suited, both practically, academically and personally.

Not necessarily, but if they were to take it further, you would have to prove why they were not suitable, and very valid reasons why you turned them down, you could end up in a lot of trouble discrimmination laws and all that.

Mel

The ADA requires that you treat applicants with disabilities the same way that you treat everyone else. Not better. Not worse. Just the same.

If you have more than one qualified applicant, you choose the one that you feel is best suited to the job, regardless of disability. Make SURE that their qualifications are equivalent.

If the disabled person is the only qualified applicant, you'd better have a darn good reason for choosing someone else since you are setting yourself up for a lawsuit.

Good luck.

john c

Only one person above seemed to realize the basic question being asked and that would be, is emotion a part of the interview process? It's not a social club, it's a business. Your responsibility is to hire the person who will best promote the company's mission statement. Anyone who stands out this much, apparently from the first interview, is the obvious choice. Exclusion for any personal reason would be a violation of the corporate trust you have been given.

If you need a little support, have human resources attend the second interview. Simply tell him your style is to lead by example. That you need a person who can quietly enter the department and showcase this quality to the other employees. You must have someone with enough self control to influence, rather than impact, your department. If the disruptions outweigh the contributions within ninety days, you don't need to say any more than it just isn't working out.

Please, don't infer from the comments above that your interview exposure is premature. You already possess enough objectivity to be able to question yourself. Good Luck.

Annie M

I dont understand how you can be qualified to interview if you dont already know the answer.

Are you hiring for McDonalds staff or some other low paid job as I know for a fact it wont be professional, give it to the person who can do the job.

DMKNIGHTS

you give disabled people equal rights, but you go for the 1 thats qualified & that you feel is right for the job

jamand

No! Rightly or wrongly - NO!

Aside from the fact that he/she is disabled you could consider the fact that they are not of the right demeanour or personality for the position.

And - you don't HAVE to tell them why they were refused the position except to say a more qualified candidate came forward

sophieb

the mere fact of them applying at your company puts you in a strange position. If you turn them down you will need a darned good reason, and if you hire them then later let them go you will have to have a darned good reason. Sometimes people are "overqualified" for a position and this "might" be your answer. However I'm wondering just what it is that you consider "annoying". Is that only annoying to you or would it be annoying to everyone, or would you be influencing everyone else by your feelings and the annoyance would build? I've noticed that many people with disabilities work for the state in their offices which are right out in the open, they have found appropriate jobs for them and also according to their education, so I don't know what the annoyance is. In addition, many large companies tell Voc Rehab to send them employees. Is that person responsible? Do you think they could follow directions? Can they work on their own? Are they looking to work from home? Do you have someone at your company who can work with someone with a disability? Did anyone specific send this person to work for you? How many other applicants applied for the job?

Pinhead

I think it depends on the size of your organisation, if it's small I'd say no but if it's large I believe he may have a case but will have to prove that you refused him on the grounds of his disabilty

Randy Gaye

If you are not employing them on the grounds that they are disabled then this would be discrimination. If you are not employing them because you feel that personality wise they would not fit in with the other staff and yourself then you are perfectly entitled to do so. However if this person was to make a discrimination allegation you would need to explain why you felt this way.

Inferno

Disabled people can be annoying as well.
It`s up to u who will get that job.
Just think about future!

obanpussyginger

you are supposed to give the job to a suitable applicant

this person is not suitable because they are an ars****e

you are therefore rejecting their application on this basis, and not because of any disability.

suggest not wording rejection letter
dear Ars****e

Tufty Porcupine

No - as long as you can defend your decision rationally if required to do so.

thetechnitiondude

It depends on if he has to deal with the public or works by himself, but your personal opinion doesn't count. If the jury can be convinced that he works well with the public YOU ARE SUNK. Also if you fire him later he only has to convince one person that he was treated unfairly.

fifilapoo114

The DDA 95 states that you will be breaking the law by treating a person who meets the definition of disability less favourably. this individual who is the most qualified for the position may take you to court if they do not get the job. i doubt that a judge will accept that the individual annoyed you as justification. Are you feeling lucky?

Sparky

You have to be able to get on with the person and not to give the job because you feel pressured into it. This person may well be ably qualified, but at the end of the day, the tension at work will be intolerable, then you will be in a position where you want to fire him, but are unable to do so because of discrimination. It is up to you, the interviewer who you give the job to.

You should not discriminate against them due to their disability, but nor should you give them favourable treatment due to their disability.

Therefore you should give the job to the person most suited to it.

juicy

You have to pick the best person for the job this includes having the correct personality. If they dont have it you dont have to employ them as long as you are able to provide reasons that are not about the disability as to why they didnt get the job.

fengirl2

In the Uk you do not have to positively discriminate in favour of a disabled person. The fact that you interviewed them was enough.

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