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Reverse discrimination and transfers as ADA accommodations

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in Employment Law,Human Resources

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)

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