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by Tondoteottotote on October 19th, 2008

Tondoteottotote

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Does the ADA require employers to give preference to hiring people with disabilities?

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  • by Tondoteottotote on October 19th, 2008

    Tondoteottotote

    No. While the ADA and state and local laws protect people from employment discrimination on the basis of disability, they do not require an employer to hire or promote the person with a disability over other people.

    These laws prohibit an employer from refusing to hire or promote or from taking other adverse action against a person because of the person’s disability, if he or she can perform the essential functions of the job.

    An employer can, under the ADA, choose a person without a disability with more experience over an individual with a disability even if the individual with the disability is qualified for the job.

    An employer can choose a person without a disability over an individual with a disability, if the two individuals are equally qualified, as long as the choice was not made because of the individual’s disability.

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