Posts by Kathy Neal

Revisiting the direct threat defense under the ADA

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct threat to the health or safety” of themselves or others. A “direct threat” involves a significant risk of…

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EEOC takes aim at Target for discriminatory pre-employment tests

The EEOC recently announced its $2.8 million settlement with Target Corp. of discrimination claims arising out of the use of employment tests in the hiring process. Discriminatory pre-employment tests like the ones at issue in the Target investigation are a national priority for the EEOC. “Eliminating barriers in recruitment and hiring, especially class-based recruitment and…

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Getting tough on contractors

Think you’re not a federal contractor? Think twice. Affirmative action requirements apply not only to federal contractors, but also subcontractors of federal contractors. Supply and service subcontractors are bound to the same requirements as federal contractors if they have a contract worth $50,000 or more and at least 50 employees. You may not have the…

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