When employees request reassignment to other jobs within an organization as an accommodation to their disability, is the employer obliged to do so even though other more qualified employees are in contention those same jobs? Or is it enough to assure the disabled employee fair consideration in a competitive process? The federal circuit courts are split on the issue, which could tee things up for Supreme Court consideration at some point. [Jon Hyman]
3 Comments
Yet another conundrum created by a poorly drafted otherwise altruistic law. I tried to point out these issues when it was being drafted, but my arguments fell upon hearing impaired ears.
I am no longer suited to clean urinals. I request an immediate appointment as Chief Compliance Officer.
Bob
Didn’t the Supreme Court resolve this issue in US Airways v. Barnett? Addressing the question whether bypassing their normal seniority system to give a disabled person a job they could accomplish, the Supreme Court held: “The statute does not require proof on a case-by-case basis that a seniority system should prevail. That is because it would not be reasonable in the run of cases that the assignment in question trump the rules of a seniority system. To the contrary, it will ordinarily be unreasonable for the assignment to prevail.”