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Disability Risk Creates ‘Catch-22' for Workers in Bias Suits

Nov. 1, 2019, 11:28 AM

Several appeals courts have ruled that an employer is within its rights under federal law to fire or not hire a worker because of the risk of a future impairment. This includes potential diseases sprung from obesity or the potential to catch Ebola on a trip to Africa.

EEOC Clash: The interpretation clashes with the advocacy of the Equal Employment Opportunity Commission, which has brought at least one case arguing a worker does not need to have a physiological disorder in order to be protected under the Americans with Disabilities Act. At least five appeals courts have confronted this issue ...