by Marti Cardi, Esq. - Senior Compliance Consultant and Legal Counsel
January 24, 2016
Not long ago we addressed job reassignment as the ADA “accommodation of last resort.” In a nutshell, the ADA requires an employer to consider reassignment of a disabled employee to a vacant position when (1) no other reasonable accommodation will enable the employee to perform the essential functions of his current position without imposing an undue hardship on the employer; and (2) the disabled employee is qualified for the vacant position. You can read full article here.
Recently, the ADA accommodation experts at the Job Accommodation Network (JAN) provided their take on this issue. JAN Principal Consultant Linda Carter Batiste shares issues she commonly hears from employers in trying to deal with reassignment, and provides answer to questions about promotions, seniority, and accommodating by inviting employees to compete for an open position. (Spoiler: don’t.)
Check out the blog post As the Old Saying Goes…, and if you aren’t familiar with JAN, you can learn all about this organization at http://askjan.org/. There you will find advice for employers and employees on the accommodation process, accommodation options, ADA forms, and more.