News & Analysis as of

Reasonable Accommodation › Disability › Employee Reassignment

Miles & Stockbridge P.C.

Fourth Circuit Ruling Favors Employers in High Profile ADA Case

Miles & Stockbridge P.C. on

On November 18, 2020, the United States Court of Appeals for the Fourth Circuit upheld a decision that retailer Lowe’s Home Centers LLC (“Lowe’s”) did not violate the Americans with Disabilities Act (ADA) when it removed a...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Ruling on ADA Reassignment Has Major Implications for Employers

Parker Poe Adams & Bernstein LLP on

In the U.S. Supreme Court’s 2002 Barnett decision, the court held that qualified disabled employees are entitled to reassignment to an existing vacant position under the Americans with Disabilities Act if they become unable...more

Miles & Stockbridge P.C.

Maryland Court Holds that Employers Must Reassign Employees as a Disability Accommodation

Miles & Stockbridge P.C. on

For a number of years, the Equal Employment Opportunity Commission (“EEOC”) has taken the position that, pursuant to the Americans with Disabilities Act (“ADA”), an employer’s obligation to provide a reasonable accommodation...more

Fisher Phillips

Court: Employees Seeking Accommodation Must Compete For Reassignment - Split In Circuits Could Lead To Supreme Court Intervention

Fisher Phillips on

The 11th Circuit Court of Appeals ruled that a disabled worker forced to leave her position because of her physical impairment must compete for vacant jobs when seeking reassignment, handing a victory to her former employer....more

Foley & Lardner LLP

EEOC Suffers Another Setback – ADA Does Not Require Automatic Reassignment of Disabled Employee to Open Position

Foley & Lardner LLP on

As we have previously reported, under the Obama administration, the Equal Employment Opportunity Commission (EEOC) has aggressively sought to expand the breadth of the agency’s authority to collect employee pay data and other...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Finds ADA Does Not Require Reassignment Over More Qualified Applicants

Parker Poe Adams & Bernstein LLP on

For years, the Equal Employment Opportunity Commission (EEOC) has taken the administrative position that if a disabled employee can no longer perform his or her job, the employer must place that employee in a vacant position...more

FordHarrison

Federal Court Says ADA Does Not Require Reassignment of Employee Without Competition

FordHarrison on

If an employee can no longer perform the essential functions of his or her position due to a disability, one common form of reasonable accommodation under the Americans with Disabilities Act (ADA) is reassignment to a vacant...more

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