ADA Ruling Leaves Exposure Open

While the U.S. Supreme Court's latest disability ruling mighthave made life a little easier for risk managers looking to avoidemployment practices suits–as well as for those who insurethem–employers still risk being taken to court if they interpretthe decision too broadly or cavalierly.

The court wisely ruled that the Americans With Disabilities Actshould not keep an employer from denying a particular job to adisabled worker if the firm feels that the position could put thatemployee's health in unacceptable danger. That should let employersoff the hook if their decision is based on clear and convincingevidence.

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