ADA

Yet another one skirting the ADA rules....

All prospective Business Analysts must be in good visible health.

True it is an insurance shop but it borders on illegal to pick and chose applicants via this rule.

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I don't think I understand. Are you saying they should be required to hire the sickly and frail to perform an insurance shop? How would that work?

Yes, I'm all for handicapped people being hired to do any work they can handle, and they should not be penalized if they need some degree of special accommodation. That's different from a company being required to hire someone obviously not qualified for the job in question. No company should be required to hire anyone who does not meet qualifications for the job.

Mary Davis Nowell. Based close to Fort Worth. Shopping Interstate 20 east and west, Interstate 35 north and south.
ADA does not limit the ability of a company to set medical/health/physical requirements for its applicants. And companies are not required to hire an applicant who does not meet the requirements of the job.
"Healthy" and "Not Disabled" are not the same thing. I would think "healthy" refers to not being sick. People who are sick can get better. People who are disabled do not (usually).

But I'm just guessing here. Maybe they don't want disabled people either.

And there's a difference between hiring an employee and engaging a contractor. Do the ADA laws apply to the engagement of a contractor?

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I pray it does not occur that the last thing I did before I died was vacuum the house or eat broccoli.
Quoting myself from another thread:

As a business-to-business transaction (which this is), a MSC can contract or exclude anyone they want, at will, as far as I understand it. ADA laws would not apply, nor would any other employment regulation because this is not employment!

MSCs have a valid business right to choose someone who would best represent them for any assignment, even if you were an employee. Employment laws have all kinds of exceptions. Hooters won a well-known lawsuit years ago allowing them to hire only well endowed and good looking servers because it was the nature of their business. The only exception was that the court required them to have no limitations on other staff (cooks, bussers, etc.).

For all you know, your scheduler could be wheelchair bound, which would make them completely compliant in an employee based model....
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