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Re: Toys {backR} Us discriminates against disabled people in hiring

Posted by Harlan Messinger on 10/03/07 17:25

Travis Newbury wrote:
> On Oct 3, 11:33 am, Harlan Messinger
> <hmessinger.removet...@comcast.net> wrote:
>> Now it's evident that you are ignorant of the law. They are obligated to
>> hire him judging him under the same criteria as they would apply to
>> anyone else as long as he can do the job with reasonable accommodation.
>
> So, I have a restaurant and need a hostess. A woman, with years of
> experience, the best qualified of all the applicants applies for the
> job. The problem is she recently had her face burned in a fire and is
> horribly disfigured...
>
> Can she sue me because I did not hire her? Discrimination because she
> is "handicaped" because of her disfigured face?

I believe US disability law expresses disability in terms of one's
ability or inability, whether real or perceived, to perform functions.
Since facial disfiguration doesn't affect one's abilities I'm not *sure*
that disability law would apply. Other non-discrimination laws may
apply: for example, the District of Columbia's non-discrimination law
covers personal appearance.

 

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