In Cervantes v. International Hospitality Associates, case, 2016, Ms. Cervantes was a night bartender in the lobby bar. She developed a medical condition and could only work days. There were no openings for daytime bartenders and an employer has no duty to remove another employee to create a vacancy for a worker with a disability. As an accommodation, the hotel offered her a breakfast and lunch server position. She accepted but earned less tips and requested to be transferred to a daytime bartender position. The employer recruited and hired others for that job. She sued claiming disability discrimination. The reason why the court dismissed the case is that
Select one:
a. the bar has provided reasonable accommodation.
b. the employer already hired other people to do the job.
c. the bar doesn’t have to accommodate by moving the person to another job position.
d. Ms. Cervantes’ medical condition still allows her to work.
