If a company that has 18 employees interviews five people for a position and chooses to hire the person with the second best qualifications because the building may not be able to accommodate the wheelchair of the most qualified candidate, who is disabled, which act is the employer violating?

The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against qualified applicants because of a disability and requires reasonable accommodation when needed. The employer has 18 employees, which meets the ADA’s general threshold of 15 employees. Choosing a less-qualified applicant because the top candidate uses a wheelchair is disability discrimination; the correct choice is the Americans with Disabilities Act.

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