Transferring an existing employee with a disability to a vacant position that she or he is qualified to do is a reasonable accommodation under the ADA. That was the case in a a recent lawsuit between the EEOC and an apparel retailer who refused to transfer an employee with a physical disability to an available customer service representative position that she was qualified to do as a reasonable accommodation to her disability.
The Americans With Disabilities Act (ADA) requires employers to reasonably accommodate employees with disabilities as long as this does not cause an undue hardship. In this case, the parties negotiated a consent decree which provides for $38,000 in monetary compensation to the employee, and injunctive relief in the form of anti-discrimination training for human resources and management-level personnel. The employer also agreed to formal posting of anti-discrimination notices and an agreement not to discriminate further based on disabilities.
This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.