Labor & Employment Law Update
- Topics:
- Disabilities
- Tags:
- Accommodation,
- Americans With Disabilities Act,
- Americans With Disabilities Act (ADA),
- Employer,
- Gender And Diversity,
- Human Resources,
- Job
- Source:
- Reed Elsevier
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Overview: On April 29, 2002, a divided United States Supreme Court held that employers are entitled to a rebut table presumption that a disabled employee's accommodation request under the ADA is unreasonable if it conflicts with the job assignment rules of an employer's seniority system. Under the ADA, employers may not discriminate against a qualified individual with a disability. The statute defines a "qualified individual" as an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of his or her job. The ADA places an affirmative duty on employers to make reasonable accommodations that will enable such qualified individuals to perform their jobs. The ADA also provides that "discrimination" includes an employer's failure to reasonably accommodate the known physical or mental limitations of an otherwise qualified employee, unless the employer can establish that the accommodation would impose an undue hardship on the operation of its business.
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Format: PDF | Size: 13KB | Date: Jan 2003 | Pages: 2
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