3.37 1. Employers, Employment Agencies and Unions

• Library: Disability Law and Practice, Vol. 3 (NY) 2017

1.. Employers, Employment Agencies and Unions

Employers cannot refuse to employ, pay less remuneration, deny privileges, or provide less favorable conditions or terms of employment to an individual because of disability.¹²¹ An applicant can be rejected or an employee discharged, however, if he or she is unable to perform in a reasonable manner the activities involved in the job or occupation sought or held, with or without reasonable accommodation.¹²²

Thus, unless it is shown that an employee’s physical condition precludes an employee from being reasonably able to perform the essential duties of the position, it is irrelevant to the job and cannot be the basis for denying that person the position. It is not...