Must an Employer Hire a Minimally Qualified Employee Over a More Qualified, Non-Disable Applicant?
By: Amy R. Stein
The Americans With Disabilities Act was put into place in order to address the major areas of discrimination faced daily by people with disabilities. Congress found that historically society had tended to isolate and discriminate against people with disabilities, and therefore, passed the ADA with the purpose of eliminating such discrimination. Under the ADA, employers are prohibited from discrimination against a disabled employee in any personnel decisions and must provide reasonable accommodations to disabled employees. “Reasonable accommodations” include job restructuring, modified work schedules, reassignment to a vacant position, and appropriate adjustment or modifications of examinations.