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Question
Yogesh has difficulties speaking clearly and quickly due to a severe speech impairment. He applied for a telemarketing job in a marketing research company that employed 42 employees. However, the employer did not hire him because of his inability to talk quickly and clearly. Being able to talk quickly is an essential qualification for the job given the high volume of phone calls that telemarketers have to place during a day. Is this employer potentially liable under the Americans with Disabilities Act?a) Yes, because the employer must provide the necessary technology to enable Yogesh access to the job.
b) Yes, because Yogesh is still able to talk even if his speech is very slow.
c) No, because the company has fewer than 50 employees.
d) No, because speech impairment does not qualify as a disability.
e) No, because speaking quickly is an essential qualification for the telemarketing job.
Answer
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