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EEOC Failed To Demonstrate ADA Violations
As laws protecting the physically disabled are slated to expand, a Texas federal court held on April 25th stated that an employer's decision to not hire an individual known to have a slight physical impairment is not unlawful. In Aleman v. Lyondell-Citgo Refinery, the EEOC (Equal Employement Opportunity Commission) sought damages on behalf of an employee whose employment offer was rescinded when he disclosed during a pre-employment physical that he had previously undergone brain surgery and suffered residual weakness to the right side of his body. The trial court held that an employer is free to decide that some limiting, rather than substantially limiting, impairment makes certain individuals less ideal for employment than others. It is likely we are to hear more about this holding in the months ahead. This is just another example of how people should always be on the lookout for true meanings of any laws made in this society. Both as an employer and employee it always pays to be more knowledgeable -- emotionally and professionally.
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