Another Hypothetical Situation

[Agent Valentine]

Depends. If X let them know during his job interview that he had the condition and told them what it entails, and they hired him anyways, they are obligated to cater to his needs. If he didn't tell them, then aren't obligated to do squat.

 

[El_Machinae]

If the job can be done with a chair, then the employer must provide a chair under Canadian law. The employee is under no obligation to inform an employer regarding potentially disruptive medical conditions (as long as they can be accomodated) during an interview, and it is unofficially recommended that you not inform potential employers regarding these conditions so you can avoid discrimination.

If the job cannot be done from a chair, then the employee will have to move on to a different job.

 

[azzaman333]

All of the above.

 

[potatokiosk]

You all assume that other jobs are available to X.

I find the general lack of humanity here pathetic.

He can't find a job where you sit at a desk?

 

[Perfection]

A prudent store manager would put prolonged standing as a job requirement in the position description, thus allowing dismissal if such a condition arises.

 

[sourboy]

Depending on local laws, the company is responsible for supplying him with proper equipment (chair) if his illness came after his date of hire. It's a fine line though, usually court cases... or they could just pay unemployment.

 

[Eukaryote]

I don't think the store owner should have a legal obligation to provide a chair, but if he didn't he'd be an ass.

 

[Phlegmak]

You all assume that other jobs are available to X.

I find the general lack of humanity here pathetic.

You've got to be joking.

 

[Rossiya]

The wheelchair company must be on a roll by now.

 

[CCRunner]

If he told the manager/supervisor about his condition, and they still hired him, then yes, they should provide the chair. If he failed to mention it, then it is his own responsibility.

I agree with this.

 

[Zelig]

It's not as if it's much work to get a damn "chair" for the guy, the employer can just drive by a dumpster and pull out any boxy object for the guy to sit on.

 

[Souron]

They should unless sitting down would be a determent to the effectiveness of a normal person doing the same job. It might be argued that a sitting down clerk is not as effective as a clerk who is able to stand. In this case they would have to fire him. But this is not a strong argument.

Otherwise, yes I would say there is a legal obligation to provide a chair. Having the clerk provide his own chair is not acceptable.

Also I disagree with those that say that the clerk is required to mention his disability prior to being hired, unless the manager specifically asks, and it is true that a sitting clerk is less effective than a standing clerk. That would invite the manager to discriminate against him on the basis of his disability. If the manager asks, then the would be clerk would be obliged to tell the employer of his disability, and the manager would not be able to higher him, since the job requires a standing clerk by premise.

EDIT: also If prolonged standing is not a determent to the job, then it would be illegal for the manager to ask about such a disability.