Earlier this year, the EEOC published Veterans and the Americans with Disabilities Act (ADA): A Guide for Employers. In this guide, the EEOC asks the following question:
May a private employer give preference in hiring to a veteran with a disability over other applicants?
According to the agency, the answer is “yes.” The ADA does not prohibit “affirmative action on behalf of individuals with disabilities. Thus, a private employer may—but is not required to—hire an individual with a disability who is qualified (including a veteran with a disability) over a qualified applicant without a disability.”
ADA affirmative action?
If you think about it, this statement makes a lot of sense, even though it differs from other laws that prohibit discrimination.
Title VII, for example, prohibits reverse discrimination because it makes no differentiation on the basis of majority or minority status. It merely prohibits discrimination...(register to read more)