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Appeals court rejects EEOC’s challenge to hospital’s ‘most qualified applicant’ policy

August 2023 employment law letter
Authors: 
Michael Thompson, Lehr Middlebrooks Vreeland & Thompson

We are often confronted with the question of whether the Americans with Disabilities Act (ADA) obligates an employer to reasonably accommodate an employee with a disability by placing them in a vacant position even though there are better qualified candidates. A March 17 decision from the U.S. 5th Circuit Court of Appeals acknowledged that an employer isn’t obligated to select the less qualified employee as a reasonable accommodation.

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