ADA Law: Must workers with disabilities get first crack at ADA accommodating job?

by on December 15, 2008 · 0 Comment POSTED IN: HR Info Center

Americans with Disabilities Act law is sometimes not well defined

When the implications of ADA law get so tangled nobody knows what’s what, the Supreme Court sometimes steps in to untangle things.

So we were pleased when the Court announced a couple of months ago that it was going to resolve an ADA legal question some of our readers may have faced.

The question was this:

When an employee with a disability seeks an accommodation and you have an open job that would work, do you have to give the person the job, or can you make them apply for it along with other candidates?

Good question. But unfortunately, the court won’t now be answering it.

That’s because the disabled Wal-Mart employee who had brought the ADA lawsuit settled it before the Supreme Court had a chance to do its thing.

(A district court had ruled for her, but then an appeals court ruled for Wal-Mart.)

MAKE IT EASY ON YOURSELF

We’re not the Supreme Court, but if you want our advice, it’s this:

Assuming the disabled candidate can do the job, why not save yourself the headaches and give it to him directly? You never know what will happen the next time this question goes to an ADA lawsuit.

No. 06-2238, 8th Cir., 5/30/07.

Issue 6.14 DOP 2-18-08

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