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Business Necessity Defense to Discrimination Section 103(a) of the ADA further establishes that a showing of job-relatedness and consistency with business necessity may be an affirmative defense to an allegation of discriminatory... EEOC Lawful Qualification Standards On its face, the statutory language would appear to make illegal all selection standards that have even the unintended effect of discrimination on the basis of disability irrespective of whether... Purpose of Qualification Standards Under ADA As explained by the EEOC, the purpose of these provisions is to ensure that individuals with disabilities are not excluded from job opportunities unless they are actually unable to do the job... Qualification Standards Section 102(b)(3) of the ADA specifically defines discrimination as including the utilization of standards, criteria, or methods of administration that have the effect of discrimination on the... Qualification Standards Are Applicable to All Criteria The ADA's non-discrimination requirement for qualification standards is applicable to all types of selection criteria, including: - Requirements that an employee not pose a direct threat to... |
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