Tenth Circuit Court Ruled That Case Study

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A company with a policy that says the best candidate is always hired should re-word that policy. A company does not want to get a reputation for abusing or discriminating against individuals with disabilities. In this country, such individuals are considered capable of doing the same things as those without disabilities. The United States has adopted a caring, understanding, accommodating attitude towards these individuals. Companies within this country should mirror the values of the country. The policy should state that under most circumstances, the most qualified candidate will be chosen for a vacant position. However, a clause explaining the guidelines of the ADA should be included. The company should make it very clear where they stand when it comes to reassignment. Is it automatic if the positions are comparable and the employee is qualified, or does the employee have to compete with other, qualified applicants? Posting the guidelines clearly helps avoid misunderstandings in the future.

This case opens the door for employers to state that other forms of accommodation are not necessary and the ADA policies are just guidelines.

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The word "reasonable" is vague. While one company may contend that it is reasonable to reassign a recently hearing impaired person to a comparable position where the loss of hearing will not affect performance, another employer may think that being forced to move an applicant into a vacant position is not reasonable. The case could lead towards forms of discrimination against individuals with disabilities. The company can always claim another candidate is more qualified. Disabilities are limiting, and a disabled person simply may not be able to compete. Once a case like this comes along, other employers may be tempted to use similar arguments to deny disabled employees reasonable employment. The problem in this case is the argument that someone else was more qualified, and the disabled person was allowed to compete for the position. An open position will state minimum requirements not maximum requirements. As long as the minimum is met, that should be enough to qualify someone for a position. To contend that another individual somehow exhibited a greater degree of the minimum requirements….....

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"Tenth Circuit Court Ruled That" (2012, March 14) Retrieved June 5, 2026, from
https://www.aceyourpaper.com/essays/tenth-circuit-court-ruled-55031

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"Tenth Circuit Court Ruled That" 14 March 2012. Web.5 June. 2026. <
https://www.aceyourpaper.com/essays/tenth-circuit-court-ruled-55031>

Latest Chicago Format (16th edition)

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"Tenth Circuit Court Ruled That", 14 March 2012, Accessed.5 June. 2026,
https://www.aceyourpaper.com/essays/tenth-circuit-court-ruled-55031
   

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