The component is not available at this moment. Please contact the site administrator.
An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to the existence or consequence of a disability.
For example, if two persons apply for a job opening as a typist, one a person with a disability who accurately types 50 words per minute, the other a person without a disability who accurately types 75 words per minute, the employer may hire the applicant with the higher typing speed, if typing speed is needed for successful performance of the job. An employer is not required to hire or retain an individual who is not qualified to perform a job.
The ADA and FEHA, however, both make it unlawful to refuse to hire a qualified applicant with a disability because he has a disability or because a reasonable accommodation is required to make it possible for this person to perform essential job functions.
Read more about Laws Protecting Employees with Disabilities in the HR Library.