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Transfer As An Accommodation: Standards From Discrimination Cases And Theory, Stacy A. Hickox Feb 2009

Transfer As An Accommodation: Standards From Discrimination Cases And Theory, Stacy A. Hickox

Stacy A. Hickox

This article explores the conflict between the desire of an employee with a disability to transfer as an accommodation and an employer’s belief that another applicant for that position is better qualified. Federal circuit courts disagree as to whether the accommodation requirements of the Americans with Disabilities Act extend to the transfer of an employee as an accommodation if the employer believes that some other person is better qualified for that position. After exploring this conflict among the courts, a review of cases where an applicant for hire or promotion has alleged discrimination provides guidance for courts reviewing the denial …


Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden Jan 2009

Artfully Discriminating: How Hall V. Nalco Co. Applies Title Vii To Adverse Employment Actions Based On Assisted Reproduction Technologies, Patrick F. Madden

Patrick F. Madden

No abstract provided.