ADA Ruling Leaves Exposure Open
While the U.S. Supreme Court's latest disability ruling might have made life a little easier for risk managers looking to avoid employment practices suits–as well as for those who insure them–employers still risk being taken to court if they interpret the decision too broadly or cavalierly.
The court wisely ruled that the Americans With Disabilities Act should not keep an employer from denying a particular job to a disabled worker if the firm feels that the position could put that employee's health in unacceptable danger. That should let employers off the hook if their decision is based on clear and convincing evidence.
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