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Old 08-13-2018, 09:29 AM   #21  
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Joined APC: Jul 2018
Posts: 754
Default Is use of the Hogan consistent with the ADA?

Originally Posted by Excargodog View Post
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:

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.

Do you think United should have been forced to hire the Horizon employee who took the Q400 for a joyride if he failed the Hogan?

And Iím beginning to suspect youíve got an unspoken agenda here. It's odd you keep pushing the issue given your admission you havenít taken these tests.
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