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Applicant Who Could Not Raise Arm Protected by ADA

February 10, 2016

Via: SHRM
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An applicant for a field engineer position who had a prescription for painkillers and could not fully lift his right arm had a viable claim under the Americans with Disabilities Act (ADA), the 5th U.S. Circuit Court of Appeals ruled.

Jacobs Field Services (JFS), a construction company, offered Michael Cannon a job as a field engineer at a Colorado mining site. After offering him the position, JFS conducted a pre-employment physical and learned that Cannon had had unsuccessful surgery to repair a torn rotator cuff in his right shoulder.

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