ARE THE DISABLED ENTITLED TO REASSIGNMENTS?
We have kept an eye on what the EEOC and courts are doing with the right of a disabled employee to demand a reassignment to an open position as a reasonable accommodation. EEOC has not waived from its insistence that they do have some level of right to the open job if otherwise qualified. Four years ago we reported on a case out of one federal circuit court that agreed with EEOC. See “Another Right to be Reassigned.” Now another circuit court has taken the opposite position. See the Jackson-Lewis article entitled, “Appellate Court Holds that ADA Does Not Require Reassignment Without Competition.” Stay close to competent legal counsel if you get involved in a disabled employee’s request for a reassignment.