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Posted by Doug H. on September 28, 2000 at 20:44:04:In Reply to: Re: Loosing job followup posted by briston4 on September 27, 2000 at 20:30:35:
This is not a "gaping hole" like the other one I posted about. In a nutshell, if they can substantiate that allowing you to operate this machinery is "unsafe," they can refuse to let you work there. I expect that the ADA does say that the employer is not required to employ anybody whose employment creates an "unsafe condition." I don't know whether an employer who makes such a claim can also deny disability.
I think that if you're let go for such a reason, you ought to have a right to collect diability that superceeds the provisions of your disability plan. However, I doubt that ADA says this.
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