George Daniels applied for a job as a machine operator.The job required the operator to sit in front of a machine and monitor the process as it wove the fabric that is eventually made into pantyhose.The job did not require any heavy lifting,but occasionally required the operator to reach over his head to release the fabric from the machine.A prior workers' compensation claim resulted in permanent damage to George's lower back,so the job was ideal.However,the employer requires all employees to pass a general fitness test before being hired because he believes that physically fit employees are healthier and more productive.George could not pass the fitness test and he was not offered the job.
A) George has no basis for a claim against the employer because passing the fitness test is required of all applicants before being hired.
B) George has a claim against the employer because the Americans with Disabilities Act prohibits the use of physical ability testing that is not related to the performance of the job.
C) George does not have a claim against the employer because he was just an applicant,not an employee.Federal laws do not regulate the application process.
D) None of the choices are correct.
Correct Answer:
Verified
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