Appeals court rejects EEOC’s challenge to hospital’s ‘most qualified applicant’ policy
We are often confronted with the question of whether the Americans with Disabilities Act (ADA) obligates an employer to reasonably accommodate an employee with a disability by placing them in a vacant position even though there are better qualified candidates. A March 17 decision from the U.S. 5th Circuit Court of Appeals acknowledged that an employer isn’t obligated to select the less qualified employee as a reasonable accommodation.
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