A photography studio hired a profoundly deaf employee as a performer. She communicates with hearing individuals by

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A photography studio hired a profoundly deaf employee as a “performer.” She communicates with hearing individuals by writing notes, gesturing, pointing, and miming. She can also type, text message, use body language, employ basic American Sign Language signs that most people can understand, and speak some words. However, she cannot read lips effectively and she speaks only a few words. Her written communication skills are poor and she scores below average on vocational tests. Performers have four areas of responsibility: customer intake, sales, portrait photography, and laboratory duties. The job description lists “strong verbal communication skills” and “strong customer service skills” as job qualifications for performers. During peak (holiday) periods, performers mainly work in one area of responsibility, and she was assigned to work primarily in the camera room doing photography. However, during nonpeak periods, only one manager and one performer are scheduled to work at a time. During these periods, performers are expected to cover all four areas of responsibility. The woman had the opportunity to shoot photographs on fifteen to twenty occasions with a hearing performer and she conducted shoots by herself on a couple of occasions. She communicated with photo subjects by writing notes, gesturing, and miming. She experienced some difficulty doing this, particularly because the photo subjects were usually young children. To sell photo packages to customers, she had to write notes, gesture, or get assistance from a coworker. The woman made several requests for an ASL interpreter, including during her initial orientation and then for a subsequent training session for performers, but no interpreter was ever provided. After the holiday season, the woman’s hours were eliminated and she was eventually terminated. She sued. What should the court decide? Why?

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