The United States Supreme Court has reportedly declined to review a challenge to a federal law that states an employer must accommodate a worker who becomes disabled. In United Airlines v. EEOC, the Equal Employment Opportunity Commission (EEOC) sued United Airlines over a company policy that allowed a disabled worker to apply to transfer to another position within the company without giving the employee any sort of preference. Instead, the policy stated that a disabled worker was required to compete with other applicants for any vacant positions. According to the EEOC, the airline violated the “reasonable accommodations” requirement of the Americans with Disabilities Act (ADA). Although a trial court dismissed the case, a Seventh Circuit panel stated the ADA required United Airlines and other employers to appoint a disabled worker to a vacant position if the employee is qualified and the accommodation does not present an excessive hardship for the employer. The appellate court also remanded the case for trial.
United Airlines appealed the appellate decision to the Supreme Court and argued the court’s holding would effectively turn the ADA into an affirmative action law. According to United Airlines, the Seventh Circuit’s decision would make it impossible for employers to select only the most qualified workers for each position. The current presidential administration allegedly urged the high court to allow the Seventh Circuit decision to stand. Because the Supreme Court refused to hear the case, a district court will now consider whether United Airlines could prove a sufficient level of hardship existed in the case that was brought by the EEOC.
Unfortunately, disabled employees often suffer discrimination at work. Too often, employers choose to unlawfully discriminate against or harass workers who suffer from a temporary or permanent disability due to biased thinking. Disabled persons in New York and New Jersey have a right to expect that their employers will provide them with reasonable accommodations that allow them to perform their job. If your request for reasonable accommodations at work is denied, your rights may have been violated. If you believe you suffered employment discrimination as a result of a disability, you should contact a skilled employment law attorney.
The employment lawyers at the Resnick Law Group represent current and former workers in legal matters involving disability discrimination, employment contracts, gender discrimination, and a variety of others issues in both New Jersey and New York. To discuss how our caring attorneys may assist you, please contact our law firm online or give us a call today at 973-781-1204 or (646) 867-7997.
More Blog Posts:
New Jersey Company Settles With New York Attorney General’s Office Over Alleged Discrimination Against Applicants With a Criminal History, The New Jersey Employment Law Firm Blog, June 3, 2013
Jury Award Demonstrates Why Disabled Workers in New Jersey and Nationwide Must be Defended Against Unlawful Discrimination, The New Jersey Employment Law Firm Blog, May 23, 2013
United Airlines Rejected by Top Court on Disabilities Law, by Greg Stohr, Bloomberg
Supreme Court leaves in place decision vs United on ADA accommodation, by Amanda Becker and Lawrence Hurley, Thomson Reuters News & Insight
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