Lexology (03/19/12) Christopher Ward
In the case EEOC v. United Airlines Inc., the U.S. Equal Employment Opportunity Commission filed suit against the airline for new reasonable accommodation guidelines stating that disabled workers no longer able to perform the essential functions of their jobs could be accommodated through a job transfer, but they could not be guaranteed the vacant position if there are superior candidates seeking that position. The EEOC argued that under the Americans With Disabilities Act, disabled workers who are minimally qualified for the vacant position must be given priority.
The Seventh Circuit granted the employer’s motion to dismiss and later affirmed its previous decision when the EEOC appealed, noting that it addressed the same issue in a 2000 ruling. However, the court said it could not overturn its previous ruling unless the governing statutory language had changed or a U.S. Supreme Court decision directly undermined its previous decision. Thus, observers believe employers should act with caution when transferring disabled employees.
Say Goodbye to Mundane Tasks and Hello to Efficiency
Are you accustomed to using a plethora of resources to recruit the right candidates? Our research shows that the average firm spends around five hours logging in and out of systems to source candidates to fill one job. We’re excited to announce the next level in candidate sourcing: CareerBuilder Talent Discovery, a platform that has everything in one place. Stop by CareerBuilder’s booth next week at Staffing World to learn more—Booth 813 in the expo hall.