FIN 240 Lecture Notes - Lecture 30: Reasonable Accommodation, Drug Rehabilitation, Reverse Discrimination
Document Summary
Mitigating measures - in the past, courts focused on whether a person had a disability after the use of corrective devices/medication. Today, ada prohibits employers from considering mitigating measures when determining if an individual has a disability. Reasonable accommodation - if any employee with a disability can perform the job with reasonable accommodation, without undue hardship on the employer, the accommodation must be made. Must modify applications and selection process so those with disabilities can compete. Are restricted on pre-hiring questions and physical exams. Can disqualify applicant only if the medical problems would make it impossible to perform the job. Undue hardship - due to significant difficulty or expense. Substance abusers - applies to former drug users who have completed/are going through supervised drug rehabilitation. Employers can fire/refuse to hire a person who is an alcoholic if: The person poses a substantial risk of harm to themselves or to others.
