4 ms·
i don't actually know much about employment law, but as I understand it this is different from most of the other protected classes (race gender etc.) after goog
by throw18376 3y ago
i don't actually know much about employment law, but as I understand it this is different from most of the other protected classes (race gender etc.) after googling I found this statement from the EEOC:
https://www.eeoc.gov/foia/eeoc-informal-discussion-letter-320 https://www.eeoc.gov/foia/eeoc-informal-discussion-letter-32...
"Favoring an individual with a disability over a non-disabled individual for purposes of affirmative action in hiring or advancement is not unlawful disparate treatment based on disability, and therefore does not violate Title I of the ADA.(1) Both the text of the ADA itself, as clarified by the ADA Amendments Act of 2008, and the EEOC's implementing regulations explicitly state that an individual without a disability cannot bring a claim of discrimination under the ADA."
- klyrs 3y agoAh, interesting. I wonder how (if) that will stand in the face of the Students for Fair Admissions ruling.
- fallingknife 3y agoI don't think it would, or should, but this isn't what's going on here. The idea isn't to hire disabled people over more qualified candidates. The idea is to hire disabled people whose disabilities actually make them more valuable for the role, and that's not discrimination based on disability status. It's more like the NBA hiring based on height.