Originally Posted by
GuardPolice
Less able doesn’t mean someone is disabled. I love sports and generally suck at playing them. Therefore, I am less able to play them well. That doesn’t mean I’m disabled.
You’re conflating lack of ability with legitimate disabilities.
Lastly, you’re barking up the wrong tree. Thousands of people have successfully passed these tests. Given the success of the tests, you’re making a mountain out of a mole hill.
The OMB report is far less certain of the "success" of such tests than you seem to be. But even if it were true, it wouldn't matter under the ADA if "reasonable accommodation" we're possible.
From the EEOC website:
Disability Discrimination
Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability. Learn more about the Act at ADA at 25.
Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).
It would seem that the onus would be in the employer to prove that the Hogan was sufficiently effective that it was a business necessity to employ it and that there was no reasonable accommodation they could make to offset whatever Hogan related issue they were rejecting applicants for. I don't think they could find a single statistician willing to say it was anything other than a crude and not terribly effective screen, especially when applied to an applicant group already possessing an FAA class one physical, an ATP, and a couple thousand hours of 121 time.
You have to understand, the law was rewritten precisely to overcome the issues that allowed UAL to prevail in UAL vs Sutton.