Ebola, Trypanophobia, And Deafness: What Does The ADA Require?

The questions raised by the Americans With Disabilities Act can’t be answered with a simple yes or no.

From my new article in Above The Law:

“Are you required to hire someone with a disability even if he cannot do the job?

And can you refuse to hire someone who you think – maybe – has a disability?

The Americans With Disabilities Act (“ADA”) is the place to look.  However, these questions can not be answered with a simple yes or no.  There’s some work you have to do to answer them: it all depends – on the facts and circumstances, and whether the applicant can do the job, with or without an accommodation.

But generally – you cannot simply say “no job” – without a lot more.”

Read the entire article in Above The Law here.

 

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Richard Cohen

Richard B. Cohen is a partner in the New York City office of FisherBroyles, LLP, a national law firm. Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States. Email Richard at [email protected]