these cases are fact driven. for example, if the disability prevents the employee from doing the job, then there is no discrimination. if a person cannot do the required 165 pound carry for a fireman because of disability, then there is no obligation to give or keep this person as a fireman. the key is the job requirements and a doctor's report in writing that the person can do the physical requirements of the job. they must be connected. ed dimon, esq. 732-797-1600
Answered on Apr 30th, 2014 at 3:55 PM