The bar you own is getting busier and busier. For the first time, you are hiring a barback. The barback will make sure the bartenders don’t run out of supplies while they are busy making drinks. The barback will need to anticipate when new supplies are needed and respond quickly to bartenders when they run out of ingredients. You interview an applicant who is deaf and brings a sign language interpreter to the interview. The applicant seems like a hard worker and has experience in similar positions. You are sad to tell him you can’t hire him. You don’t know how to sign, and you don’t think any of your staff do either. Obviously, having a sign language interpreter work alongside the barback wouldn’t be practical and it would be too expensive anyway.
Are you experiencing discrimination under the Code?
No, you are not meeting your responsibilities under the Code. You decide not to hire the applicant because of his disability, which is a part of his identity protected by the Code. You know a barback needs to be able to communicate with bartenders quickly and accurately, but you are assuming the applicant couldn’t meet this requirement. You haven’t asked the applicant how he would communicate on the job or if he would need accommodation. You haven’t asked what strategies or accommodations he has used in similar positions. You are responsible to ask the applicant about how he would do the work in the job description and explore accommodations if they are required, including how much they would actually cost.