If you serve as an in-house counsel or serve in the capacity of corporate or general counsel in private practice, sooner or later you’re going to be asked by your employer or your client if they can fire someone with disabilities, known or unknown, without putting the company in legal jeopardy. By the same token, you’re also at another time likely to be asked if the company can refuse to hire an apparently qualified employee with disabilities. That determination can be difficult and certainly becomes even more complicated when the employee or prospective employee is covered by the Americans with Disabilities Act (“ADA”). It is important for in house or outside general counsel to understand the different standards for acting under the direct threat doctrine when advising the company of taking action that could violate the ADA.Excerpt from Article written by Business Litigation Attorney, Matthew Moeller, Esq for the American Bar Association.
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