ADA Reassignment - what is qualified for new position?

cgeary

We have an employee who is unable to perform the essential functions of his position with or without an accommodation. The last accommodation we can offer is reassignment to a vacant position for which he is qualified. The EEOC guidance states - An employee is "qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential functions of the new position, with or without reasonable accommodation.

There is a vacant positionthat, looking at the job profile, he is qualified for. However, he had previously filled iin for that position in a light duty capacity and while he may have the skills to do the job, he did not get the work done (behavioral problems, laziness etc) and he was moved to another light duty position.

Could an argument be made that he is not qualified for this new position because he failed to meet the other job-related requirements of the position, i.e. getting the work done?

NaeNae55

Did you tell him at the time that he wasn't cutting it? Has anything changed since he worked the position (ie change in his health status or abilities?) If you told him he why he was moving to another job and nothing has changed, you can move forward and consider that job excluded.

If you gave him another reason for the change, or something else has changed that might have an impact on his ability to perform the job, you will need to give him another shot at it. Then if he doesn't meet job expectations, you can eliminate it as a possibility.

Good luck!

Nae