3.19 D. Defenses
| Library | Disability Law and Practice, Vol. 3 (NY) 2017 |
D. Defenses
It may be a defense to a charge of discrimination under the ADA that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and that such performance cannot be accomplished by reasonable accommodation, as required under Title I.49 The term “qualification standards” may include a requirement...
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