A man rejected for a job as an airport security screener because he suffered physiological, nonepileptic seizures has lost a discrimination suit against the U.S. Department of Homeland Security.
The 11th U.S. District Court of Appeals recently upheld the right of the Transportation Security Authority (TSA) to legally discriminate against applicants based on physical abilities. Citing the post 9/11 Aviation and Transportation Security Act, the court said Congress set out specific requirements for screeners in the law and intended to exempt the TSA from complying with the federal Rehabilitation Act.
The decision affirms the TSA’s use of color perception, visual and aural acuity, physical coordination and motor skills to screen job applicants. The decision applies only to the 11th Circuit, which comprises Alabama, Georgia and Florida.