Does “most qualified” hiring process violate ADA?
Does a “most qualified applicant” hiring policy violate the Americans with Disabilities Act when the policy is used to deny a job to a qualified employee who was injured on the job and sought a transfer to a less physically demanding position as a reasonable accommodation for her disability? The Fifth Circuit Court of Appeals has affirmed a District Court decision that the ADA does not require the employer to hire the disabled employee to an open position, but remanded the case to determine whether such an accommodation is reasonably provided “in the run of cases” or is warranted and reasonable under the particular facts of the case. Adrianna Cook, a patient care technician for Methodist...
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