Business Services Industry
The at-risk worker and the ADA. (Labor Law for Supervisors).
Supervision, November, 2002 by Zachary, Mary-Kathryn
The Americans with Disabilities Act (ADA) prohibits employers from discriminating against qualified individuals with disabilities based on their disabilities. The ban covers discrimination in hiring and other types of workplace advancement. One type of unlawful discrimination can be the use of qualification standards that may serve to screen out individuals with disabilities. However, not all qualification standards that may screen out people with disabilities are forbidden. The statute provides that a qualification standard may actually serve as a defense to a charge of disability-based discrimination if the standard in question is job-related and justified by business necessity. Covered under this defense is a job requirement that individuals must not constitute a...
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